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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 817
FRAUDULENT PRACTICES
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F.S. 817.5695
817.5695 Exploitation of a person 65 years of age or older.
(1) As used in this section, the term:
(a) “Bribe” means any money or anything of value which is provided, directly or indirectly, to a person who has a legal or fiduciary relationship with a person 65 years of age or older, for the purpose of improperly obtaining or rewarding favorable treatment from the person who has the legal or fiduciary relationship in connection with his or her work for the person 65 years of age or older.
(b) “Deception” means:
1. Misrepresenting or concealing a material fact relating to:
a. Services rendered, disposition of property, or use of property, when such services or property are intended to benefit a person 65 years of age or older;
b. Terms of a contract, agreement, trust, will, or testament entered into with a person 65 years of age or older; or
c. An existing or preexisting condition of any property involved in a contract, agreement, trust, will, or testament entered into with a person 65 years of age or older; or
2. Using any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit a person 65 years of age or older to enter into a contract, agreement, trust, will, or testament.
(c) “Endeavor” means to attempt or to try.
(d) “Fiduciary relationship” includes, but is not limited to, a court-appointed or voluntary guardian, trustee, attorney, or conservator.
(e) “Intimidation” means the communication by word or act to a person 65 years of age or older that the person will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, or financial support or will suffer physical violence.
(f) “Kickback” means money, credit, a fee, a commission, a gift, a gratuity or other compensation, or anything of value which is provided to a person in exchange for preferential treatment for the receipt of goods or services.
(g) “Obtains or uses” means any manner of:
1. Taking or exercising control over property; or
2. Making any use, disposition, or transfer of property.
(h) “Property” means anything of value and includes, but is not limited to:
1. Real property, including things growing on, affixed to, or found in land.
2. Tangible or intangible personal property, including intellectual property, rights, privileges, interests, and claims.
3. Services.
(i) “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, but is not limited to:
1. Repairs or improvements to property;
2. Professional services;
3. Private, public, or governmental communication, transportation, power, water, or sanitation services;
4. Lodging accommodations; or
5. Admissions to places of exhibition or entertainment.
(j) “Value” means value determined according to any of the following:
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 value is the cost of replacing the property within a reasonable time after the commission of 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 diminishment or 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; or
4. 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.

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.

(2) A person commits exploitation of a person 65 years of age or older if he or she:
(a) Obtains or uses, endeavors to obtain or use, or conspires with another to obtain or use, through deception or intimidation, the property of a person 65 years of age or older, with the intent to temporarily or permanently:
1. Deprive that person of the use, benefit, or possession of the property; or
2. Benefit someone other than the property owner;
(b) Obtains or uses, endeavors to obtain or use, or conspires with another to obtain or use, through deception or intimidation, the property of a person 65 years of age or older through the intentional modification, alteration, or fraudulent creation of a plan of distribution or disbursement expressed in a will, trust instrument, or other testamentary devise of the person 65 years of age or older; or
(c) Deprives, endeavors to deprive, or conspires with another to deprive, with the intent to defraud and by means of bribery or kickbacks, a person 65 years of age or older of his or her intangible right to honest services provided by an individual who has a legal or fiduciary relationship with such person.
(3) A person who violates this section commits:
(a) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the funds, assets, or property involved in the exploitation of a person 65 years of age or older is valued at $50,000 or more.
(b) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the funds, assets, or property involved in the exploitation of a person 65 years of age or older is valued at $10,000 or more, but less than $50,000.
(c) A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the funds, assets, or property involved in the exploitation of a person 65 years of age or older is valued at less than $10,000.
(4) It does not constitute a defense to a prosecution for any violation of this section that the accused did not know the age of the victim.
(5) In a criminal action resulting from a violation of this section, the state may move the court to advance the trial on the docket. The presiding judge, after consideration of the age and health of the victim, may advance the trial on the docket. The motion may be filed and served with the information or charges at any time thereafter.
(6) Notwithstanding s. 825.1035(2), a person 65 years of age or older who is in imminent danger of being exploited may petition for an injunction for protection as provided under s. 825.1035. A violation of such injunction shall be handled in the same manner, and such violation shall have the same penalties, as provided in s. 825.1036.
History.s. 1, ch. 2023-133.