Summary
In State v. Dyer, 607 So.2d 482 (Fla. 2d DCA 1992), the defendants were charged with grand theft and financial exploitation of an aged person pursuant to section 415.111(5) for using high pressure sales tactics or fraudulent schemes to convince aged victims to pay exorbitant prices for emergency response systems.
Summary of this case from State v. CudaOpinion
Nos. 92-00385, 92-01248.
October 23, 1992.
Appeal from the Circuit Court, Pinellas County, W. Douglas Baird, J.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellant.
James D. Eckert of Belcher, Fleece Eckert, St. Petersburg, for appellee Dyer.
Herbert E. Gould, St. Petersburg, for appellee Longboat.
In these consolidated cases, the state appeals orders dismissing one count of a two-count complaint. In both cases, the defendants were charged with grand theft and financial exploitation of an aged person pursuant to section 415.111(5), Florida Statutes (1991). The trial court dismissed the charge of exploitation. We affirm.
The defendants allegedly have used high-pressure sales tactics or fraudulent schemes to convince older people to pay exorbitant prices for emergency response systems. Section 415.111(5) states:
A person who knowingly or willfully exploits an aged person or disabled adult by the improper or illegal use or management of the funds, assets, property, power of attorney, or guardianship of such aged person or disabled adult for profit, commits a felony of the third degree.
We agree with the trial court that the alleged sales conduct may be "exploitation" in a general sense, but it does not involve use or management of the aged person's funds for profit.
Affirmed.
DANAHY, A.C.J., and CAMPBELL, J., concur.