Senate Bill 1136
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Florida Senate - 2000 SB 1136
By Senator Carlton
24-757A-00
1 A bill to be entitled
2 An act relating to the exploitation of elderly
3 persons or disabled adults; amending s.
4 825.101, F.S.; defining the term "position of
5 trust and confidence"; amending s. 825.103,
6 F.S.; providing a cause of action for a person
7 who proves, by clear and convincing evidence,
8 injury by reason of the exploitation of an
9 elderly person or disabled adult; providing for
10 minimum damages; providing for attorney's fees
11 and costs; requiring a written demand before
12 filing such an action; providing for a written
13 release from further civil liability following
14 compliance with a written demand; providing for
15 the jurisdiction of the court to continue
16 following the death of an exploited elderly
17 person or disabled adult; providing for
18 transfer of the right to maintain an action
19 following the death of an exploited elderly
20 person or disabled adult; amending s. 825.106,
21 F.S.; authorizing a motion for a speedy trial
22 in a civil action in which an elderly person or
23 disabled adult is a victim; providing an
24 effective date.
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26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Subsection (11) of section 825.101, Florida
29 Statutes, is amended to read:
30 825.101 Definitions.--As used in this chapter:
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Florida Senate - 2000 SB 1136
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1 (11) "Position of trust and confidence" with respect
2 to an elderly person or a disabled adult means the position of
3 a person who:
4 (a) Is a parent, spouse, adult child, or other
5 relative by blood or marriage of the elderly person or
6 disabled adult;
7 (b) Is a joint tenant or tenant in common with the
8 elderly person or disabled adult;
9 (c) Has a legal or fiduciary relationship with the
10 elderly person or disabled adult, including, but not limited
11 to, a court-appointed or voluntary guardian, trustee,
12 attorney, or conservator; or
13 (d) Is a caregiver of the elderly person or disabled
14 adult; or
15 (e) Is any other person who has been entrusted with or
16 has assumed responsibility for the use or management of the
17 elderly person's or disabled adult's funds, assets, or
18 property.
19 Section 2. Section 825.103, Florida Statutes, is
20 amended to read:
21 825.103 Exploitation of an elderly person or disabled
22 adult; penalties.--
23 (1) "Exploitation of an elderly person or disabled
24 adult" means:
25 (a) Knowingly, by deception or intimidation, obtaining
26 or using, or endeavoring to obtain or use, an elderly person's
27 or disabled adult's funds, assets, or property with the intent
28 to temporarily or permanently deprive the elderly person or
29 disabled adult of the use, benefit, or possession of the
30 funds, assets, or property, or to benefit someone other than
31 the elderly person or disabled adult, by a person who:
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Florida Senate - 2000 SB 1136
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1 1. Stands in a position of trust and confidence with
2 the elderly person or disabled adult; or
3 2. Has a business relationship with the elderly person
4 or disabled adult; or
5 (b) Obtaining or using, endeavoring to obtain or use,
6 or conspiring with another to obtain or use an elderly
7 person's or disabled adult's funds, assets, or property with
8 the intent to temporarily or permanently deprive the elderly
9 person or disabled adult of the use, benefit, or possession of
10 the funds, assets, or property, or to benefit someone other
11 than the elderly person or disabled adult, by a person who
12 knows or reasonably should know that the elderly person or
13 disabled adult lacks the capacity to consent.
14 (2)(a) If the funds, assets, or property involved in
15 the exploitation of the elderly person or disabled adult is
16 valued at $100,000 or more, the offender commits a felony of
17 the first degree, punishable as provided in s. 775.082, s.
18 775.083, or s. 775.084.
19 (b) If the funds, assets, or property involved in the
20 exploitation of the elderly person or disabled adult is valued
21 at $20,000 or more, but less than $100,000, the offender
22 commits a felony of the second degree, punishable as provided
23 in s. 775.082, s. 775.083, or s. 775.084.
24 (c) If the funds, assets, or property involved in the
25 exploitation of an elderly person or disabled adult is valued
26 at less than $20,000, the offender commits a felony of the
27 third degree, punishable as provided in s. 775.082, s.
28 775.083, or s. 775.084.
29 (3)(a) Any person who proves by clear and convincing
30 evidence that he or she has been injured in any fashion by
31 reason of the exploitation of an elderly person or disabled
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Florida Senate - 2000 SB 1136
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1 adult has a cause of action for threefold the actual damages
2 sustained and, in any such action, is entitled to minimum
3 damages in the amount of $1,000, and reasonable attorney's
4 fees and court costs in the trial and appellate courts. Before
5 filing an action for damages under this subsection, the person
6 claiming injury must make a written demand for an amount up to
7 the treble-damage amount, but not less than $1,000, of the
8 person liable for damages for the exploitation of an elderly
9 person or disabled adult. If the person to whom written demand
10 is made complies with such demand within 30 days after receipt
11 of the demand, that person shall be given a written release
12 from further civil liability for the specific act of
13 exploitation by the person making the written demand.
14 (b) The death of the elderly person or disabled adult
15 does not cause the court to lose jurisdiction of any claim for
16 relief for exploitation of an elderly person or disabled
17 adult.
18 (c) Upon petition, after the death of the elderly
19 person or disabled adult, the right to maintain an action
20 shall be transferred to the personal representative of the
21 decedent, or if none, to the person or persons entitled to
22 succeed to the decedent's estate.
23 Section 3. Section 825.106, Florida Statutes, is
24 amended to read:
25 825.106 Civil or criminal actions involving elderly
26 persons or disabled adults; speedy trial.--In a civil or
27 criminal action in which an elderly person or disabled adult
28 is a victim, the elderly person or disabled adult in a civil
29 action, or the state in a criminal proceeding, may move the
30 court to advance the trial on the docket. The presiding
31 judge, after consideration of the age and health of the
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1 victim, may advance the trial on the docket. The motion may
2 be filed and served with the civil complaint or at any time
3 thereafter or, in a criminal proceeding, with the information
4 or charges or at any time thereafter.
5 Section 4. This act shall take effect July 1, 2000.
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8 SENATE SUMMARY
9 Provides a cause of action for a person who proves, by
clear and convincing evidence, injury by reason of
10 exploitation of an elderly person or disabled adult.
Provides for recovery of treble damages, or $1,000, and
11 attorney's fees and costs. Requires that a person make a
written demand before filing an action for damages.
12 Provides for a written release from further civil
liability following compliance with a written demand.
13 Provides that the right to maintain an action following
the death of an exploited elderly person or disabled
14 adult transfers to the personal representative or person
succeeding to the decedent's estate. Provides for a
15 speedy trial in any civil action in which an elderly
person or disabled adult is a victim.
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