State v. Dyer, s. 92-00385
| Decision Date | 23 October 1992 |
| Docket Number | 92-01248,Nos. 92-00385,s. 92-00385 |
| Citation | 607 So.2d 482 |
| Parties | 17 Fla. L. Weekly D2441 STATE of Florida, Appellant, v. Dale DYER and Robert Longboat, Appellees. |
| Court | Florida District Court of Appeals |
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.
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State v. Cuda
...incur criminal liability. The only reported case construing section 415.111(5) is a recent Second District case. 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 u......