Florida has long been at the forefront of protecting its elderly residents from financial exploitation. With more than 5 million Floridians age 65 or older – roughly 21 percent of the state’s population – the Legislature has repeatedly strengthened the laws that define exploitation, establish criminal penalties, and give families legal tools to stop it before more damage is done.
What follows is a plain-language explanation of how Florida currently defines exploitation under Chapter 825 of the Florida Statutes, what the penalties look like, and what legal options are available when exploitation is suspected or underway.
How Florida Defines “Exploitation” Under F.S. 825.103
Under Florida Statute 825.103, exploitation of an elderly person or disabled adult is not a single act – it is a broad category of conduct. The statute covers six distinct types of behavior, any one of which can support a criminal charge:
- Taking assets from someone in a position of trust. Knowingly obtaining or using an elderly person’s or disabled adult’s funds, assets, or property – intending to deprive them of its use or benefit – by a person who stands in a position of trust and confidence, or who has a business relationship with the victim.
- Exploiting someone who lacks capacity. Obtaining or using, or conspiring to obtain or use, an elderly person’s or disabled adult’s assets when the perpetrator knows or reasonably should know the victim lacks the capacity to consent – even if no formal incapacity determination has been made.
- Breach of fiduciary duty. A breach of fiduciary duty by a guardian, individual trustee, or agent under a power of attorney that results in an unauthorized appropriation, sale, or transfer of property, a kickback, or receipt of an improper benefit. This specifically includes agents who abuse their powers, act against the principal’s sole benefit or best interest, or waste and embezzle assets.
- Misappropriation from personal or joint accounts. Misappropriating, misusing, or transferring without authorization money belonging to an elderly person or disabled adult from a personal account, a joint account created for their sole benefit, or a convenience account – even when that account is held jointly with another person.
- Failure to use assets for the elder’s care. Intentionally or negligently failing to use an elderly person’s or disabled adult’s income and assets to pay for necessities – food, shelter, medical care, and maintenance – by a caregiver or person in a position of trust.
- Tampering with estate planning documents. Knowingly obtaining or conspiring to obtain an elderly person’s or disabled adult’s property through intentional modification, alteration, or fraudulent creation of a will, trust, or other estate planning document – without a valid court order, a properly witnessed written authorization, or action under a valid power of attorney.
The Presumption Rule: Transfers Over $10,000 to a Newer Acquaintance
Under F.S. 825.103(2), any transfer of money or property exceeding $10,000 – in a single transaction or multiple transactions – by a person age 65 or older to a nonrelative they have known for fewer than 2 years, without receiving reasonably equivalent value in return, creates a permissive presumption that the transfer was the result of exploitation. This applies whether the transfer is called a “gift” or a “loan” – unless the loan is in writing with definite repayment dates and is not in default.
Criminal Penalties Under F.S. 825.103
The criminal charge and potential punishment depend on the value of what was taken or lost:
| Value of Assets Involved | Criminal Charge |
|---|---|
| Less than $10,000 | Third-Degree Felony |
| $10,000 or more, but less than $50,000 | Second-Degree Felony |
| $50,000 or more | First-Degree Felony |
The statute also includes a provision allowing courts to order the return of seized property to the victim before trial, in cases involving more than $5,000, if a preponderance of the evidence shows the property was unlawfully obtained.
The Exploitation Injunction: A Civil Remedy
In addition to criminal prosecution, Florida law provides a separate civil remedy that can be just as important – and far faster – than waiting for law enforcement to act.
Under Florida Statute 825.1035, any family member, guardian, or person acting with the vulnerable adult’s consent can petition the court for an injunction for protection against exploitation of a vulnerable adult. Exploitation does not have to have already occurred – the threat of imminent exploitation is enough to seek an injunction.
A court-ordered injunction can:
- Prohibit the respondent from having any direct or indirect contact with the vulnerable adult
- Immediately restrain the respondent from committing any further acts of exploitation
- Freeze the vulnerable adult’s bank accounts and credit lines – even accounts held jointly with the respondent
- Include any other terms the court deems necessary for the vulnerable adult’s protection
The injunction process was most recently updated in 2025, when the Legislature added a mechanism for substitute service on unascertainable respondents – meaning that even when an exploiter is hiding behind an anonymous online account or email address, families now have a legal path to seek protection.
If a respondent violates the injunction, that violation is a separate criminal offense under Florida Statute 825.1036. A vulnerable adult who suffers further loss or injury after an injunction is entered may also recover economic damages and attorney’s fees.
What This Means for Families and Fiduciaries
For families concerned about a loved one, Florida’s exploitation laws cast a wide net. A person does not have to be formally declared incapacitated to be protected. Exploitation does not require deception or intimidation to be a crime. And the law does not only apply to strangers – the majority of exploitation is committed by people the elder already knows and trusts.
For anyone serving as a trustee, guardian, or agent under a power of attorney, these laws carry personal exposure. Acting in your own interest rather than the principal’s, wasting assets, or failing to use an elder’s resources to meet their basic needs can all rise to the level of criminal exploitation under Florida law.
An elder law attorney can help you understand both sides of this – whether you are trying to protect a vulnerable loved one, or whether you are a fiduciary who wants to make sure your actions stay well within the law.
About This Post
This post reflects the current text of Florida Statute 825.103 (last amended Ch. 2021-221) and Florida Statute 825.1035 (last amended Ch. 2025-163, effective July 1, 2025). It is intended as general legal information only and does not constitute legal advice. Laws are subject to change; consult a Florida elder law attorney for guidance specific to your situation.