Cecil C. Humphreys School of Law
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Professor Andrew McClurg Turns Scholarship Into Law

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In a uniquely successful result of legal scholarship, Prof. Andrew McClurg's proposal for a statutory presumption of elder financial exploitation in his recent Hastings Law Journal article, Preying on the Graying: A Statutory Presumption to Prosecute Elder Financial Exploitation, was enacted into law in Florida.

McClurg composed the article after his father was victim of exploitation in Florida shortly before he passed away last year.

“I just wanted some good to come from his suffering,” McClurg said.  “Elder financial exploitation cases are notoriously under-prosecuted, in large part because of proof obstacles.  This presumption gives prosecutors a useful tool to help future victims.”

The presumption statute passed unanimously through each legislative committee and also the Florida House and Senate. Florida Governor Rick Scott signed it into law on June 20, 2014.  The law will take effect October 1, 2014.

McClurg’s statute is the only one of its type in the nation. During a House committee meeting on the bill, the presumption proposal was described by the sponsor, Rep. Kathleen Passidomo, as “ground-breaking.” 

To read a PDF version of the original article, click HERE. To see the final version of the Florida statute, please click HERE.

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Last Updated: 7/21/14