CopyCited 52 times | Published | Supreme Court of Florida | 2000 WL 488455
...r [a] disabled adult. `Caregiver' includes, but is not limited to, relatives, court-appointed or voluntary guardians, adult household members, neighbors, health care providers, and employee and volunteers of facilities as defined in subsection (7)." § 825.101(2), Fla....
...hysical 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. " § 825.101(4), Fla....
CopyCited 29 times | Published | Supreme Court of Florida | 1999 WL 731664
...witnesses and to due process under the Florida and United States Constitutions. See U.S. Const. Amends. V, VI; art. I, §§ 9, 16, Fla. Const. The trial court denied the motion and found that Mr. Ford met the definition of "elderly person" found in section 825.101(6), [2] Florida Statutes (1995), and that evidence corroborated his statements....
...(24) HEARSAY EXCEPTION; STATEMENT OF ELDERLY PERSON OR DISABLED ADULT. (a) Unless the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by an elderly person or disabled adult, as defined in s. 825.101, describing any act of abuse or neglect, any act of exploitation, the offense of battery or aggravated battery or assault or aggravated assault or sexual battery, or any other violent act on the declarant elderly person or disabled adult,...
...sclosure of the statement. (c) The court shall make specific findings of fact, on the record, as to the basis for its ruling under this subsection. §
90.803(24), Fla.Stat. (1995). [2] The Legislature defines "elderly person" and "disabled adult" in section
825.101, Florida Statutes (1995): (5) "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 or organic brain damage or mental illness or wh...
...firmities 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. §
825.101(5)-(6), Fla.Stat. (1995) (emphasis supplied). These definitions are now found in sections
825.101(4) and (5), Florida Statutes (1997). Since section
90.803(24)(c) requires the trial court to make specific findings of fact as to the basis of its ruling, the trial court must find that the declarant qualifies as an "elderly person" under section
825.101 before admitting the hearsay statement....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 9 Am. Disabilities Cas. (BNA) 1635, 1999 U.S. App. LEXIS 26846, 76 Empl. Prac. Dec. (CCH) 46, 154
...in a manner consistent
with the Equal Protection Clause of the Fourteenth Amendment in minimizing the potential
for employment discrimination on the basis of sex, while promoting equal employment
opportunity for men and women.
29 C.F.R. § 825.101(a)....
...Seminole Tribe,
517 U.S. at 59-66,
116 S.Ct. 1114, it is irrelevant
to Garrett's appeal save for providing an independent basis for validating the FMLA's substantive
provisions.
8
29 U.S.C. §§ 2601(a), (b)(4) & (5); 29 C.F.R. §
825.101(a); S.Rep....
CopyCited 6 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 530, 2007 Fla. LEXIS 1535, 2007 WL 2438370
...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. § 825.101(4), Fla....
...The Committee's proposed new instruction 11.11, however, defines "Disabled adult"to the extent a disability is the cause for the condition of physical or mental incapacitywith the term "fundamental" to modify "disability." Accordingly, to bring instruction 11.11 into accord with section
825.101(4), we have substituted "developmental" for "fundamental." Finally, section
812.15, Florida Statutes (2006), pertaining to the unauthorized reception of communications services, sets out two distinct offenses: unauthorized acquisition of communication services; and unlawful possession of a communication device....
CopyCited 5 times | Published | Supreme Court of Florida | 2006 WL 3228789
...ally disabled and will apply to a much narrower group of people. [8] Of course, before a witness's hearsay statement may be used, the party seeking to present the statement must establish that a mental disability exists and meets the requirements of section 825.101(4), which will require record development and a trial court determination based upon that record....
...on'" under the statutory definition.
748 So.2d at 958. The breadth of this definition was one factor in our decision declaring the provision unconstitutional as applied to elderly declarants. In contrast, the term "disabled adult," incorporated from section
825.101(4), Florida Statutes (2005), into section
90.803(24), when narrowed to mental disability encompasses any adult "who suffers from a condition of ....
...hysical 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. " § 825.101(4), Fla....
...SON OR DISABLED ADULT. (a) Unless the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by an elderly person or disabled adult, as defined in s. 825.101, describing any act of abuse or neglect, any act of exploitation, the offense of battery or aggravated battery or assault or aggravated assault or sexual battery, or any other violent act on the declarant elderly person or disabled adult,...
...severe emotional or mental harm, in addition to findings pursuant to s.
90.804(1). [6] See Cal. Evid.Code § 1380 (West 2004); 725 Ill. Comp. Stat. 5/115-10 (2004); Or.Rev.Stat. § 40.460(18a) (2005); S.D. Codified Laws § 19-16-38 (Supp.2005). [7] Section
825.101(5), Florida Statutes (2001), defines an "elderly person" as "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." [8] Section
825.101(4), Florida Statutes (2001), defines a disabled adult as "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,...
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 17296, 2016 WL 5219863
...the defendant. To secure a conviction under §
825.102(1), the prosecutor must prove that the victim outwardly manifests that he is suffering from the infirmities of age to the extent that his ability to care for himself is impaired. See Fla. Stat. §
825.101 (4); Watson,
95 So.3d at 979-82 (reversing and remanding a §
825.102(1) conviction where the state failed to....
...Similarly, the statutory definition of “disabled adult” requires that the person have a “physical or mental-incapacitation” or “physical or mental limitations that restrict the person’s ability to perform the normal activities of daily living.” Fla. Stat. § 825.101 (3); see Jennings v....
...standing and practice.” Sieniarecki v. State,
756 So.2d 68, 74 (Fla. 2000) (finding that the “de facto total impairment which [the victim] exhibited clearly falls within” the statutory definition of “disabled adult” contained in Fla. Stat. §
825.101 (4) (1997)); see also Gonzales v....
...as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunc-tioning, to the extent that the ability of the person to provide adequately for the person’s own care or protection ' is impaired.” Fla. Stat. § 825.101 (4)....
...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.” IA § 825.101(3)....
...Dec. 301 (BIA 1951) (finding that a German statute requiring no knowledge that the person assaulted was a police officer was not a CIMT), is unavailing. The statutory definitions of "elderly person” and "disabled adult,” as provided in Fla. Stat. § 825.101 (3) and (4) and referenced in the standard jury instruction, do require knowledge of the vulnerable state of the victims....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3077254
...n element of the crime of attempted murder of a law enforcement officer); Glover v. State,
863 So.2d 236, 238 (Fla.2003) (holding that age is an element of the crime of sexual battery). For purposes of this and other crimes described in chapter 825, section
825.101(4) defines a disabled adult as 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 phys...
...At the very least, the evidence presented a jury question about whether the alleged victim's "developmental disability" produced a condition of "mental incapacitation" or restricted her ability to engage in the normal activities of daily living sufficient to meet the statutory definition of a disabled adult under section 825.101(4)....
...res the State to prove that the disabled adult either did not consent to the act or lacked the capacity to consent. If the victim's capacity to consent is at issue, the trial court should instruct the jurors on the statutory definition of that term. § 825.101(9)....
CopyCited 4 times | Published | Supreme Court of Florida
...killing was either justifiable or excusable homicide, as I have previously
instructed you. (The explanations of justifiable homicide and excusable homicide
are in Instruction 7.1, Introduction to Homicide.)
Definitions. Give as applicable.
§ 825.101(4), Fla....
...suffering from the infirmities of aging as manifested by advanced age, organic
brain damage, or 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.
§ 825.101(3), Fla....
...o perform the
normal activities of daily living.
§
827.01(2), Fla. Stat.
“Child” means any person under the age of 18 years.
- 59 -
As applied to an Elderly Person or a Disabled Adult. §
825.101(2), Fla....
...an elderly person or a
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.
§ 825.101(6), Fla....
CopyCited 3 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 124535, 2015 WL 5474509
...State,
95 So.3d 977 (Fla. 2d DCA 2012), for support. (Id. at 15). In Watson , the Second District Court of Appeal construed the term “elderly person,” as defined in Florida’s Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults statute, §§
825.101-825.106, Florida Statutes. According to Michelle and Teresa, the Second District Court of Appeal’s construction of Section
825.101(4) shows, by way of comparison, that Olga was not a “vulnerable adult,” as defined by Section 425.101(27). (Id. at 14-16). To be cleai’, though, the relevant statute on the “vulnerable adult” issue is Section 425.101(27), not Section
825.101(4). Thus, Michelle and Teresa’s reliance on Watson does not take them very far. First, Watson construed a different statute than the one relevant to this case.
95 So.3d at 979 . Section
825.101(4), which is part of Florida’s Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults statute, defines “elderly person” to mean: a person 60 years of age or older who is suffering from the infirmities of aging a...
...to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, longterm physical, or developmental disability or dysfunction, or brain damage, or the infirmities of old age. § 425.101(27). As is evident, Sections
825.101(4) and
415.102(27) define two different terms and are parts of two different statutory schemes. Second, to the extent the Second District Court of Appeal’s construction of Section
825.101(4) is a suitable comparator, Watson weighs in favor of Olga....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
...in a manner
consistent with the Equal Protection Clause of the Fourteenth Amendment in
minimizing the potential for employment discrimination on the basis of sex, while
promoting equal employment opportunity for men and women.
29 C.F.R. § 825.101(a)....
...nd third
Morgan factors, which require that the legislation be (1) plainly adapted to enforce the
Equal Protection Clause of the Fourteenth Amendment, and (2) consistent with, and
8
29 U.S.C. §§ 2601(a), (b)(4) & (5); 29 C.F.R. § 825.101(a); S....
CopyCited 3 times | Published | Supreme Court of Florida | 2013 WL 6305187
...re] valued at $20,000 or more, but less than $100,000; c. the [funds] [assets] [property] involved in the exploitation of the [elderly person] [disabled adult] *772 [is] [are] valued at less than $20,-000. Definitions. Give as applicable. Fla. Stat. § 825.101 (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. Fla. Stat. § 825.101 (3)....
...ered into with [an elderly person] [disabled adult]; or b. Using any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit [an elderly person[ [disabled adult] to enter into a contract or agreement. Fla. Stat. § 825.101 (F)....
...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^ ability to perform the normal activities of daily living. Fla. Stat. § 825.101 (5)....
...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. Fla. Stat. § 825.101 (6). “Endeavor” means to attempt or try. Fla. Stat. § 825.101 (8)....
...“Intimidation” means the communication by word or act to [an elderly person] [disabled adult] that the [elderly person] [disabled adult] will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, or financial support or will suffer physical violence. Fla. Stat. § 825.101 (9)....
...y loss, or other cause, that causes [an elderly person] [disabled adult] to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the [elderly person’s] [disabled adult’s] person or property. Fla. Stat. § 825.101 (10). “Obtains or uses” means any manner of: a. Taking or exercising control over property; or b. Making any use, disposition, or transfer of property. Fla. Stat. § 825.101 (11)....
...Is a caregiver of the [elderly person] [disabled adult]. e. Is any other person who has been entrusted with or has assumed responsibility for the use or management of the [elderly person’s] [disabled adult’s] [funds] [assets] [property], Fla. Stat. § 825.101 (2)....
...n elderly person] [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. Fla. Stat. § 825.101 (7)....
...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. Fla. Stat. § 825.101 (12)....
...“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. c. Services. Fla. Stat. § 825.101 (13)....
...Repairs or improvements to property. b. Professional services. c. Private, public, or governmental communication, transportation, power, water, or sanitation services. d. Lodging accommodations. e. Admissions to places of exhibition or entertainment. Fla. Stat. § 825.101 (14-)....
...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. Fla. Stat. S 825.101(U)(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. Fla Stat. § 825.101(W(c)....
CopyCited 2 times | Published | Supreme Court of Florida | 2013 WL 6124277
...c.actively encouraged another person to commit an act that resulted in or could reasonably have been expected to result in physical or psychological injury to (victim). 2. At the time, (victim) was [an elderly person] [a disabled adult]. Definitions. Give as applicable. § 825.101(4), Fla....
...hysical 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. § 825.101(5), Fla....
...willfully and unlawfully caged (victim). e. knowingly or willfully abused (victim) and in so doing caused great bodily harm, permanent disability, or permanent disfigurement. 2. At the time, (victim) was [an elderly person] [a disabled adult]. Definitions. Give as applicable. § 825.101 M, Fla....
...hysical 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. § 825.101(5), Fla....
...lt], you must then determine whether the State proved beyond a reasonable doubt that the defendant’s failure or omission caused [great bodily harm] [permanent disability] [or] [permanent disfigurement] to (victim). Definitions. Give if applicable. § 825.101(f), Fla....
...capacitation 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. Give if applicable. § 825.101(5), Fla....
...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. Give in all cases. § 825.101(2), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2003 WL 25872297
...(24) HEARSAY EXCEPTION; STATEMENT OF ELDERLY PERSON OR DISABLED ADULT. (a) Unless the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by an elderly person or disabled adult, as defined in s. 825.101, describing any act of abuse or neglect, any act of exploitation, the offense of battery or aggravated battery or assault or aggravated assault or sexual battery, or any other violent act on the declarant elderly person or disabled adult,...
...Unavailability shall include a finding by the court that the elderly person's or disabled adult's participation in the trial or proceeding would result in a substantial likelihood of severe emotional, mental, or physical harm, in addition to findings pursuant to s.
90.804(1). Section
825.101(4), Florida Statutes (2001) defines "[d]isabled adult" as: [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 illnes...
...fers from the same constitutional shortcomings identified by the supreme court in Conner with respect to the elderly person exception to the hearsay rule. First, the exception applies to a "broad class" of adult declarants. Conner,
748 So.2d at 958. Section
825.101(4) includes in the definition of "disabled adult" any person over 18 "who has one or more physical or mental limitations that restrict the person's ability to perform the normal activities of daily living." This class is broader than...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2150043
...Kadlik of the use of those funds either temporarily or permanently. At oral argument, the State conceded that there was no evidence of intimidation, but contended that the evidence was sufficient to establish deception. Therefore, the State's case hinged on whether it was able to prove the element of deception. Section 825.101(3), Florida Statutes (2005) defines deception as: (a) Misrepresenting or concealing a material fact relating to: 1....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2001 WL 497318
...ommission 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. The court also included the definitions of caregiver and elderly person contained in section 825.101(2) and (5): Caregiver means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1998 WL 135265
...[1] The court found that the statute did not violate Conner's rights of confrontation or due process under either the United States or Florida constitutions, Conner pleaded nolo contendere, specifically preserving the right to appeal the constitutional issues. Section 825.101(6), Florida Statutes (1995), defines an "elderly person" as "a person sixty 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 emot...
...t the constitutional concerns of the federal and Florida Constitutions." Townsend,
635 So.2d at 957. Conner's contention that an elderly person is per se incompetent to testify is simply not borne out by either the pertinent statute or common sense. Section
825.101(6) refers to impairment of an elderly person's ability to protect himself or to care for herself....
...NOTES [1] (24) HEARSAY EXCEPTION; STATEMENT OF ELDERLY PERSON OR DISABLED ADULT. (a) Unless the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by an elderly person or disabled adult, as defined in s. 825.101, describing any act of abuse or neglect, any act of exploitation, the offense of battery or aggravated battery or assault or aggravated assault or sexual battery, or any other violent act on the declarant elderly person or disabled adult,...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 1136416, 2013 Fla. App. LEXIS 4418
...The first substantive provision — section
825.102(1) — criminalizes “abuse,” defined to include, among other things, any “intentional act” that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.” §
825.101(l)(b), Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 140188, 2011 WL 6048687
...In a somewhat strained and haphazard effort to identify some source for the defendants’ alleged liability, the plaintiff invokes Section
825.102, Florida Statutes, which is inapplicable for several reasons, including that Kyle was not a “disabled adult” as defined in Section
825.101(4) and that no defendant is a “caregiver” as defined in Section
825.101(2)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2012 WL 3588053, 2012 Fla. App. LEXIS 13999
...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.Ó83, or s.
775.084. Section
825.101(5) defines the term “elderly person” as follows: “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,...
...The beating and strangulation would certainly qualify as “intentional infliction of physical or psychological injury” under section
825.102(l)(a). Thus the issue before us is whether Mr. Murphy qualified as an “elderly person” within the meaning of section
825.101(5)....
...Defense counsel argued that the only evidence that supported Mr. Murphy’s status as an “elderly person” was that he was seventy-nine years of age. But there was “no evidence that [he was] suffering from the infirmities of aging” as required under section 825.101(5)....
... in one of three ways: (1) advanced age; (2) organic brain damage; or (3) physical, mental, or emotional dys-functioning “to the extent that the ability of the person to provide adequately for the person’s own care or protection is impaired.” § 825.101(5)....
...ection
784.03(1), Florida Statutes (2010), in accordance with the parties’ agreement. Y. DISCUSSION The parties have not cited, and our independent research has not disclosed, any case addressing the definition of “elderly person” contained in section
825.101(5) in circumstances similar to those in this case....
...In Bayer , the defendant was charged with aggravated manslaughter under section
782.07(2), Florida Statutes.
788 So.2d at 311 . To find the defendant guilty of aggravated manslaughter under that subsection, the jury had to *981 find that the victim met the definition of an “elderly person” in section
825.101(5)....
...in the trial court on the offense of aggravated manslaughter of an elderly person were erroneous. Thus Bayer provides little guidance here, and we approach the issue presented with a relatively clean slate. We disagree with the State’s reading of section 825.101(5)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2000 WL 1161915
...son 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). § 825.101(2), Fla....
...to make reasonable efforts to protect her from the abuse and neglect she suffered under the "care" of James. AFFIRMED. THOMPSON, C.J., concurs. COBB, J., dissents with opinion. COBB, J., dissenting. The central point on appeal concerns whether under section 825.101(2), Florida *866 Statutes, the defendant was a "caregiver" and thus subject to criminal prosecution for neglecting the needs of his 82 year old mother....
...y 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,
775.083, or s.
775.084. (Emphasis added). The term "caregiver" is defined in section
825.101(2), Florida Statutes, as follows: "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....
...its coverage anyone, not just a parent, who knowingly or by culpable negligence, permits the infliction of physical or mental injury to a child. That statutory language is much broader than the definition of "caregiver" adopted by the legislature in section 825.101(2)....
...ly should know that such person is unable to adequately provide for his own health and personal care." 720 ILCS 5/12-21(b)(3)(A) (West 1994). (Emphasis added). 678 N.E.2d at 714. This is a far more expansive definition of the term than that found in section 825.101(2), Florida Statutes....
CopyPublished | Supreme Court of Florida
...electronic identification number, address, or routing code, medical record,
telecommunication identifying information or access device, or other number
or information that can be used to access a person’s financial resources.
Give as applicable.
§ 825.101(3), Fla....
CopyPublished | Supreme Court of Florida
who resides at (address): 2. Section
825.101(14), Florida Statutes, provides that a vulnerable
CopyPublished | Supreme Court of Florida | 2015 WL 5853925
...the [funds] [assets] [property] involved in the exploitation of the
[elderly person] [disabled adult] [is] [are] valued at less than
$20,000$10,000.
- 25 -
Definitions. Give as applicable.
Fla. Stat. § 825.101(1), Fla. Stat.
“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.
Fla. Stat. § 825.101(3).
“Deception” means:
a....
...elderly person] [disabled adult]; or
b. Using any misrepresentation, false pretense, or false promise in
order to induce, encourage, or solicit [an elderly person[ [disabled
adult] to enter into a contract or agreement.
Fla. Stat. § 825.101(43), Fla....
...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.
Fla. Stat. § 825.101(54), Fla....
...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.
Fla. Stat. § 825.101(65), Fla. Stat.
“Endeavor” means to attempt or try.
- 26 -
Fla. Stat. § 825.101(8).
“Intimidation” means the communication by word or act to [an elderly
person] [disabled adult] that the [elderly person] [disabled adult] will be
deprived of food, nutrition, clothing, shelter, supervision, medicine, medical
services, money, or financial support or will suffer physical violence.
Fla. Stat. § 825.101(97), Fla....
...oss,
or other cause, that causes [an elderly person] [disabled adult] to lack
sufficient understanding or capacity to make or communicate reasonable
decisions concerning the [elderly person's] [disabled adult's] person or
property.
Fla. Stat. § 825.101(108), Fla. Stat.
“Obtains or uses” means any manner of:
a. Taking or exercising control over property; or
b. Making any use, disposition, or transfer of property.
Fla. Stat. § 825.101(119), Fla....
...Is any other person who has been entrusted with or has assumed
responsibility for the use or management of the [elderly person's]
[disabled adult's] [funds] [assets] [property].
- 27 -
Fla. Stat. § 825.101(2), Fla....
...y person]
[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.
Fla. Stat. § 825.101(76), Fla....
...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.
Fla. Stat. § 825.101(1210), Fla....
...Real property, including things growing on, affixed to, and found
in land.
b. Tangible or intangible personal property, including rights,
privileges, interests, and claims.
c. Services.
Fla. Stat. § 825.101(1311), Fla....
...Private, public, or governmental communication, transportation,
power, water, or sanitation services.
d. Lodging accommodations.
- 28 -
e. Admissions to places of exhibition or entertainment.
Fla. Stat. § 825.101(1412), Fla....
...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.
Fla. Stat. § 825.101(1412)(b), Fla. Stat.
If the value of the property cannot be ascertained, the trier of fact jury
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.
Fla. Stat. § 825.101(1412)(c), Fla....
...electronic identification number, address, or routing code, medical record,
telecommunication identifying information or access device, or other number
or information that can be used to access a person’s financial resources.
Give as applicable.
§ 825.101(3), Fla....
CopyPublished | Supreme Court of Florida
...representation, unique electronic identification number, address, or routing
code, medical record, telecommunication identifying information or access
device, or other number or information that can be used to access a person’s
financial resources.
Give as applicable.
§ 825.101(3), Fla....
CopyPublished | Supreme Court of Florida
...I am 18 years of age or older.
b. I have never been convicted of a felony.
c. I have never been convicted in any state or foreign
jurisdiction of abuse, neglect, or exploitation of an elderly person or
a disabled adult, as those terms are defined in section 825.101,
Florida Statutes.
d....
...Who may be appointed personal
representative.
§
733.303, Fla. Stat. Persons not qualified.
§
733.304, Fla. Stat. Nonresidents.
§
733.305, Fla. Stat. Trust companies and other corporations
and associations.
§
733.3101, Fla. Stat. Personal representative not qualified.
§
825.101, Fla....
CopyPublished | Supreme Court of Florida
...e personal
representative seeking appointment has been convicted in any state
or foreign jurisdiction of abuse, neglect, or exploitation of an elderly
-2-
person or a disabled adult, as those terms are defined in section
825.101, Florida Statutes....
...Florida, including:
(1) [No Change]
(2) whether the person has been convicted in any state
or foreign jurisdiction of abuse, neglect, or exploitation of an elderly
person or a disabled adult, as those terms are defined in section
825.101, Florida Statutes;
(3) that the person is mentally and physically able to
perform the duties of a personal representative;
(34) that the person is 18 years of age or older; and...
...Who may be appointed personal
representative.
§
733.303, Fla. Stat. Persons not qualified.
§
733.304, Fla. Stat. Nonresidents.
§
733.305, Fla. Stat. Trust companies and other corporations
and associations.
-8-
§
825.101, Fla....
...I am 18 years of age or older.
-9-
b. I have never been convicted of a felony.
c. I have never been convicted in any state or foreign
jurisdiction of abuse, neglect, or exploitation of an elderly person or
a disabled adult, as those terms are defined in section 825.101,
Florida Statutes.
d....
...Statutory References
733.302, Fla. Stat. Who may be appointed personal
representative
733.303, Fla. Stat. Persons not qualified
733.304, Fla. Stat. Nonresidents
733.3101, Fla. Stat. Personal representative not qualified
825.101, Fla....
CopyPublished | Supreme Court of Florida
...The words “lewd” and “lascivious” mean the same thing; and mean a
wicked, lustful, unchaste, licentious, or sensual intent on the part of the person
doing an act.
If 2a or 2c is alleged, define the act charged from §
825.1025(1), Fla. Stat.
§
825.101(3), Fla....
...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.
§ 825.101(4), Fla....
...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 care or protection is impaired.
§ 825.101(7), Fla....
...02, Fla. Stat. should be given
as a lesser-included offense. See State v. Knighton,
235 So. 3d 312 (Fla. 2018).
- 38 -
§
825.1025, Fla. Stat., protects a “disabled person” (age unspecific) while
§
825.101, Fla....
CopyPublished | Supreme Court of Florida
...ling was either
justifiable or excusable homicide, as I have previously instructed you. (The
explanations of justifiable homicide and excusable homicide are in Instruction 7.1,
Introduction to Homicide.)
Definitions. Give as applicable.
§ 825.101(4), Fla....
...organic
brain damage, or 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.
- 21 -
§ 825.101(3), Fla....
...physical or mental limitations that restrict the person’s ability to perform the
normal activities of daily living.
§
827.01(2), Fla. Stat.
“Child” means any person under the age of 18 years.
As applied to an Elderly Person or a Disabled Adult. §
825.101(2), Fla....
...an elderly person or a
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.
§ 825.101(6), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 8440, 2011 WL 2279019
...greement entered into with an elderly person or disabled adult; or (b) Using any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit an elderly person or disabled adult to enter into a contract or agreement. § 825.101(3)....
...“Intimidation” is defined as “the communication by word or act to an elderly person or disabled adult that the elderly person or disabled adult will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, or financial support or will suffer physical violence.” § 825.101(8)....
CopyPublished | Supreme Court of Florida | 2016 WL 3654189
...ave been
expected to result in physical or psychological injury
to (victim).
2. At the time, (victim) was [an elderly person] [a disabled
adult].
Definitions. Give as applicable.
§ 825.101(43), Fla....
...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.
§ 825.101(54), Fla....
...ermanent disability, or
permanent disfigurement.
2. At the time, (victim) was [an elderly person] [a disabled
adult].
-9-
Definitions. Give as applicable.
§ 825.101(43), Fla....
...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.
§ 825.101(54), Fla....
...Disabled Adult], you must then determine whether the State proved beyond a
reasonable doubt that the defendant’s failure or omission caused [great bodily
harm] [permanent disability] [or] [permanent disfigurement] to (victim).
Definitions.
Give if applicable. § 825.101(43), Fla....
...ation 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.
Give if applicable. § 825.101(54), Fla....
...organic brain damage, or other physical, mental, or emotional dysfunctioning,
- 12 -
to the extent that the ability of the person to provide adequately for the
person’s own care or protection is impaired.
Give in all cases. § 825.101(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 1049, 2016 WL 358614
...have known that Teris lacked the capacity to consent. §
825.103(1)(b);
Everett,
831 So. 2d at 741.
Both theories rely on the common element that Franke obtained or
endeavored to obtain Teris’s property. “‘Endeavor’ means to attempt or
try.” §
825.101(6), Fla. Stat. (2009). Obtain “means any manner of: (a)
[t]aking or exercising control over property; or (b) [m]aking any use,
disposition, or transfer of property.” §
825.101(10)....
CopyPublished | Florida 3rd District Court of Appeal
...See also §
812.012(6), Fla. Stat. (2019) (“‘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 .
. . Professional services.”); §
825.101(14), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 1312, 2005 WL 292010
...There was undisputed evidence that David Bernau stood in a position of trust with his parents and that he obtained the $847,000 and proceeded to spend it. Thus the critical element in this case was whether he obtained the money by deception or intimidation. Section 825.101(8), Florida Statutes (1999), defines “intimidation” as “the com *1232 munication by word or act to an elderly person ... that the elderly person ... will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, or financial support or will suffer physical violence.” Section 825.101(3) defines “deception” as follows: (a) Misrepresenting or concealing a material fact relating to: 1....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 20494, 2011 WL 6438004
...NOTES [1] A different judge handled the motion to dismiss than had presided over the initial trial. [2] The crime becomes a first-degree felony when a person obtains or attempts to obtain $50,000 or more by the commission of an aggravated white-collar crime against (a) ten or more elderly persons, as defined in section
825.101(5), (b) twenty or more persons, as defined in section
1.01, or (c) the State of Florida, any state agency, any of the state's political subdivisions, or any agency of the state's political subdivisions....
CopyPublished | Florida 4th District Court of Appeal
...2
Teris lacked the capacity to consent. §
825.103(1)(b); Everett,
831 So. 2d
at 741.
Both theories rely on the common element that Franke obtained or
endeavored to obtain Teris’s property. “‘Endeavor’ means to attempt or
try.” §
825.101(6), Fla. Stat. (2009). Obtain “means any manner of: (a)
[t]aking or exercising control over property; or (b) [m]aking any use,
disposition, or transfer of property.” §
825.101(10)....
CopyPublished | Supreme Court of Florida
- 45 - 2. Section
825.101(14), Florida Statutes, provides that a vulnerable
CopyPublished | Supreme Court of Florida
...I am 18 years of age or older.
b. I have never been convicted of a felony.
c. I have never been convicted in any state or foreign
jurisdiction of abuse, neglect, or exploitation of an elderly person or
a disabled adult, as those terms are defined in section 825.101,
Florida Statutes.
d....
...Who may be appointed personal
representative.
§
733.303, Fla. Stat. Persons not qualified.
§
733.304, Fla. Stat. Nonresidents.
§
733.305, Fla. Stat. Trust companies and other corporations
and associations.
§
733.3101, Fla. Stat. Personal representative not qualified.
§
825.101, Fla....
CopyPublished | Supreme Court of Florida
... Before me, the undersigned authority, personally appeared petitioner
who has been sworn and says that the following statements are
true:
1. The vulnerable adult, , whose age is , who
resides at (address):
2. Section 825.101, Florida Statutes, provides that a vulnerable adult
is a person whose ability to perform the normal activities of daily living or to
provide for the vulnerable adult’s own care or protection is impaired due to a
mental, emotional, s...
