By Margie Menzel
A bill is moving in the Florida Senate that would add a new way to serve bad actors who scam vulnerable adults -- via the online means by which they contacted their victims.
In 2023, people over the age of 60 lost more than $3.4 billion to financial exploitation. That’s according to the Federal Bureau of Investigation.
Elder law attorney Shannon Miller says sometimes the losses can be significant. She points to the story of a widow who was recently the victim of a scam.
“She went on Millionaire Match, and she met a gentleman who told her his name was Tom and he had a very good gold and diamond business," Miller said. "And if she would simply pay the bond to release his gold and diamonds, then he would be able to come to Florida, sweep her off her feet and they would live happily ever after.”
Miller says the woman had given the scammer, Tom, $2 million before her sons learned of the situation and tried to intervene. By then she had sent Tom cashier’s checks totaling $500,000 more.
“Her sons knew about it," Miller said. "We filed an emergency temporary guardianship with the court because we didn’t have the option of an exploitation injunction. Because we didn’t know who Tom was. So, we filed the emergency guardianship proceedings. We get the court orders. The bank is holding the assets as long as they can because they know it’s fraud. But they’re limited as far as how long they can hold these assets.”
By the time the court order got to the bank, telling them to keep freezing the assets, the money had already left the bank. The widow had lost a total of $2.5 million.
Fort Myers Republican Senator Jonathan Martin is sponsoring a bill he hopes would help in such cases.
“Unfortunately, the stories of seniors losing their life savings to exploiters -- even after friends and family have become aware of the theft but the money is gone, there’s no chance of recovery -- that continues to happen in the state," he said. "This allows an injunction to be filed that would prevent any additional assets from being stolen by freezing assets, even allowing a freeze of the exploiter’s assets.”
In 2018, lawmakers approved a measure that allowed an exploited person or a family member to go to the clerk of courts and file an injunction to freeze their assets. No attorney or filing fee is required. The Legislature strengthened the protections in 2021, criminalizing undue influence.
Martin says the current laws have been successful against known exploiters.
“But scammers escape the law by virtue of their anonymity," he said. "This allows an injunction to be filed and the exploiters to be served within 15 days.”
Martin’s bill would create the ability to serve someone such as Tom, who can’t be identified and sent a legal notice in the mail. It’s usually someone in a social media application or electronic mail program. And the only way to serve them is via the app that protects their identity.
Sanford Republican Senator Jason Brodeur noted that Florida lawmakers see their fair share of elder abuse in the course of their work.
“And it’s disgusting, preying on the most vulnerable," Brodeur said. "And in 2025, it is silly to think that the only way you can serve someone is through certified mail.”
According to the bill analysis, financial exploitation of the elderly is a growing problem, up 11 percent from 2022.
Full Article & Source:
Bill would fight scammers targeting vulnerable Florida seniors
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