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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 825.101825.101 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. (c) Services. (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. (c) Private, public, or governmental communication, transportation, power, water, or sanitation 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 825.101
Total Results: 38
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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:
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
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
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
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
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
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
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
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
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
Supreme Court of Florida | Filed: Dec 14, 2023 | Docket: 68088044
Published
- 45 -
2. Section 825.101(14), Florida Statutes, provides that a
vulnerable
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,
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
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
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
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
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
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
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
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
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
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
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
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”
