Chapter 415 — Chapter 415
25 sections in this chapter.
Fla. Stat. § 415.101 Adult Protective Services Act; legislative intent
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(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 or disability, are in need of protective services. Such services should allow such an individual the same …
Fla. Stat. § 415.102 Definitions of terms used in ss. 415.101-415.113
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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 likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional health. Abuse includes acts …
Fla. Stat. § 415.103 Central abuse hotline
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(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 statewide toll-free telephone number. Any person may use the statewide toll-free telephone number to report known or suspe…
Fla. Stat. § 415.1034 Mandatory reporting of abuse, neglect, or exploitation of vulnerable adults; mandatory reports of death
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(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 the admission, examination, care, or treatme…
Fla. Stat. § 415.10341 Protection of specified adults
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(1) As used in this section, the term:(a) “Financial exploitation” means the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of a specified adult; or any act or omission by a person, including through the use of a power of attorne…
Fla. Stat. § 415.1035 Facility’s duty to inform residents of their right to report abusive, neglectful, or exploitive practices
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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 ensure that every facility that serves vulnerable adults informs residents of their right to report abusive, …
Fla. Stat. § 415.1036 Immunity
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(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 good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from any liability, civil o…
Fla. Stat. § 415.104 Protective investigations of cases of abuse, neglect, or exploitation of vulnerable adults; transmittal of records to state attorney
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(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 the facts alleged therein. If a caregiver refuses to allow the department to begin a protective investigation or …
Fla. Stat. § 415.1045 Photographs, videotapes, and medical examinations; abrogation of privileged communications; confidential records and documents
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(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 the vulnerable adult, and of his or her environment, which are relevant to the investigati…
Fla. Stat. § 415.105 Provision of protective services with consent; withdrawal of consent; interference
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(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 shall immediately provide, or arrange for the provision of, protective servic…
Fla. Stat. § 415.1051 Protective services interventions when capacity to consent is lacking; nonemergencies; emergencies; orders; limitations
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(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 abused, neglected, or exploited and is in need of protective services but lacks the capacity to consent…
Fla. Stat. § 415.1052 Interference with investigation or with the provision of protective services
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(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 conduct such an investigation, or refuses to give access to the vulnerable adult, the appropriate law e…
Fla. Stat. § 415.1055 Notification to administrative entities
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(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 Elderly Affairs, acting in an official capacity, has committed an act of abuse, neglect, or exploitation, the department shall not…
Fla. Stat. § 415.106 Cooperation by the department and criminal justice and other agencies
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(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 under ss. 415.101-415.113. Such duties include, but are not limited to, forced entry, emergency removal, emergenc…
Fla. Stat. § 415.107 Confidentiality of reports and records
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(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 abuse, neglect, or exploitation of the vulnerable adult, including reports made to the central abuse hotline, and all records…
Fla. Stat. § 415.1071 Release of confidential information
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(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 of Children and Families which pertain to investigations of alleged abuse, neglect, or exploitation of a vulnerable a…
Fla. Stat. § 415.1099 Court and witness fees not allowed
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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 of records, documents, or persons; or to any adult named in a summons. In a proceeding under ss. 415.101-415.113, witness fees are no…
Fla. Stat. § 415.1102 Adult protection teams
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(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 districts of the department. As used in this section, the term “multidisciplinary adult protection team” means…
Fla. Stat. § 415.1103 Elder and vulnerable adult abuse fatality review teams
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(1)(a) An elder and vulnerable adult abuse fatality review team may be established to review incidents of abuse, exploitation, or neglect which are believed to have caused or contributed to the death of an elderly person or vulnerable adult.(b) An elder and vulnerable adult abuse…
Fla. Stat. § 415.1105 Training programs
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(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 appropriate agencies in developing and providing preservi…
Fla. Stat. § 415.111 Criminal penalties
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(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 knowingly and willfully prevents another person from doing so, commits a misdemeanor of the second degree, punishable as provided in…
Fla. Stat. § 415.1111 Civil actions
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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 recover actual and punitive damages for such abuse, neglect, or exploitation. The action may be brought by the vulnerable adult, or t…
Fla. Stat. § 415.1113 Administrative fines for false report of abuse, neglect, or exploitation of a vulnerable adult
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(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 for each violation, upon a person who knowingly and willfully makes a false report of abuse, neglect, or exploitation of a vulnerabl…
Fla. Stat. § 415.1115 Civil actions involving elderly parties; speedy trial
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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 trial on the docket. The presiding judge, after consideration of the age and health of the party, may advance the trial on the docket. The motion may be filed and serve…
Fla. Stat. § 415.113 Statutory construction; treatment by spiritual means
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Nothing in ss. 415.101-415.1115 shall be construed to mean a person is abused, neglected, or in need of emergency or protective services for the sole reason that the person relies upon and is, therefore, being furnished treatment by spiritual means through prayer alone in accorda…