Senate passes bill to increase protections, combat senior abuse

TALLAHASSEE, Fla. (FLV) – The Florida Senate passed a bill aimed at combatting abuse and exploitation of seniors by expanding and strengthening state laws that punish criminals who exploit them.

The bill passed 38-0 and was sponsored by Senator Ileana Garcia, R-Miami. A similar bill is working its way through the House, carried by Rep. Chip LaMarca, R-Lighthouse Point.

“Our seniors are our trophies. They were young once and they escaped tyranny in oppressive countries to start over again. They have made up the fabric of my district and so many other communities. […] They are the reason I made sure that here in the Florida Senate, I don’t just represent them, I protect them,” Garcia said.

The legislation creates specific penalties for exploiting a person 65 years or older by obtaining or using, through deception or intimidation, the property of the person with the intent to deprive them of the use, benefit, or possession of the property.

This includes obtaining the property of a person 65 years or older through fraudulent creation of a plan of a will, trust, or other testamentary.

Additionally, the bill creates specific penalties for depriving, with the intent to defraud and by means of bribery or kickbacks, a person 65 years or older of his or her intangible right to honest services provided by an peson who has a legal or fiduciary relationship with the person.

If the funds, assets, or property involved in the exploitation are valued at $50,000 or more, the offender commits a level 7 first degree felony; $10,000 or more, but less than $50,000, the offender commits a level 6 second degree felony; or, less than $10,000, the offender commits a level 4 third degree felony.

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.

The National Council on Aging estimates that one in 10 Americans over the age of 60 have experienced elder abuse, which can include financial exploitation.

According to the most recent report by the Federal Bureau of Investigation in 2021, over 92,000 victims over the age of 60 reported losses of $1.7 billion.

“Our seniors built the thriving communities that have made our state a beacon of hope and prosperity known around the world. As they live out their golden years, they deserve to age with dignity, with our respect and support,” Senate President Kathleen Passidomo said.