Florida Statutes Title XXX Chapter 415 - Adult Protective Services

• 415.101 - Adult Protective Services Act; Legislative Intent.
  (1) Sections 415.101-415.113 may be cited as the “Adult Protective Services Act.”(2) The Legislature recognizes that there are many persons in this state who, because of age...
• 415.102 - Definitions Of Terms Used In Ss. 415.101-415.113.
  As used in ss. 415.101-415.113, the term:(1) “Abuse” means any willful act or threatened act by a relative, caregiver, or household member which causes or is...
• 415.103 - Central Abuse Hotline.
  (1) The department shall establish and maintain a central abuse hotline that receives all reports made pursuant to s. 415.1034 in writing or through a single...
• 415.1034 - Mandatory Reporting Of Abuse, Neglect, Or Exploitation Of Vulnerable Adults; Mandatory Reports Of Death.
  (1) MANDATORY REPORTING.—(a) Any person, including, but not limited to, any:1. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, paramedic, emergency medical technician, or hospital personnel engaged in...
• 415.1035 - Facility’s Duty To Inform Residents Of Their Right To Report Abusive, Neglectful, Or Exploitive Practices.
  The department shall work cooperatively with the Agency for Health Care Administration, the Agency for Persons with Disabilities, and the Department of Elderly Affairs to...
• 415.1036 - Immunity.
  (1) Any person who participates in making a report under s. 415.1034 or participates in a judicial proceeding resulting therefrom is presumed to be acting in...
• 415.104 - Protective Investigations Of Cases Of Abuse, Neglect, Or Exploitation Of Vulnerable Adults; Transmittal Of Records To State Attorney.
  (1) The department shall, upon receipt of a report alleging abuse, neglect, or exploitation of a vulnerable adult, begin within 24 hours a protective investigation of...
• 415.1045 - Photographs, Videotapes, And Medical Examinations; Abrogation Of Privileged Communications; Confidential Records And Documents.
  (1) PHOTOGRAPHS AND VIDEOTAPES.—(a) The protective investigator, while investigating a report of abuse, neglect, or exploitation, may take or cause to be taken photographs and videotapes of...
• 415.105 - Provision Of Protective Services With Consent; Withdrawal Of Consent; Interference.
  (1) PROTECTIVE SERVICES WITH CONSENT.—If the department determines through its investigation that a vulnerable adult demonstrates a need for protective services or protective supervision, the department...
• 415.1051 - Protective Services Interventions When Capacity To Consent Is Lacking; Nonemergencies; Emergencies; Orders; Limitations.
  (1) NONEMERGENCY PROTECTIVE SERVICES INTERVENTIONS.—If the department has reasonable cause to believe that a vulnerable adult or a vulnerable adult in need of services is being...
• 415.1052 - Interference With Investigation Or With The Provision Of Protective Services.
  (1) If, upon arrival of the protective investigator, any person refuses to allow the department to begin a protective investigation, interferes with the department’s ability to...
• 415.1055 - Notification To Administrative Entities.
  (1) Upon receipt of a report that alleges that an employee or agent of the department, the Agency for Persons with Disabilities, or the Department of...
• 415.106 - Cooperation By The Department And Criminal Justice And Other Agencies.
  (1) All criminal justice agencies have a duty and responsibility to cooperate fully with the department so as to enable the department to fulfill its responsibilities...
• 415.107 - Confidentiality Of Reports And Records.
  (1) In order to protect the rights of the individual or other persons responsible for the welfare of a vulnerable adult, all records concerning reports of...
• 415.1071 - Release Of Confidential Information.
  (1) Any person or organization, including the Department of Children and Families, may petition the court for an order making public the records of the Department...
• 415.1099 - Court And Witness Fees Not Allowed.
  In all proceedings under ss. 415.101-415.113, court fees must not be charged to the department; to any party to a petition; to any legal custodian...
• 415.1102 - Adult Protection Teams.
  (1) Subject to an appropriation, the department may develop, maintain, and coordinate the services of one or more multidisciplinary adult protection teams in each of the...
• 415.1105 - Training Programs.
  (1) The department shall, within available resources, provide appropriate preservice and inservice training for adult protective investigation staff.(2) Within available resources, the department shall cooperate with other...
• 415.111 - Criminal Penalties.
  (1) A person who knowingly and willfully fails to report a case of known or suspected abuse, neglect, or exploitation of a vulnerable adult, or who...
• 415.1111 - Civil Actions.
  A vulnerable adult who has been abused, neglected, or exploited as specified in this chapter has a cause of action against any perpetrator and may...
• 415.1113 - Administrative Fines For False Report Of Abuse, Neglect, Or Exploitation Of A Vulnerable Adult.
  (1) In addition to any other penalty authorized by this section, chapter 120, or other law, the department may impose a fine, not to exceed $10,000...
• 415.1115 - Civil Actions Involving Elderly Parties; Speedy Trial.
  In a civil action in which a person over the age of 65 is a party, such party may move the court to advance the...
• 415.113 - Statutory Construction; Treatment By Spiritual Means.
  Nothing in ss. 415.101-415.112 shall be construed to mean a person is abused, neglected, or in need of emergency or protective services for the sole...

Last modified: September 23, 2016