Florida Statute 415.101 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 415
ADULT PROTECTIVE SERVICES

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F.S. 415.101

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 or disability, are in need of protective services. Such services should allow such an individual the same rights as other citizens and, at the same time, protect the individual from abuse, neglect, and exploitation. It is the intent of the Legislature to provide for the detection and correction of abuse, neglect, and exploitation through social services and criminal investigations and to establish a program of protective services for all vulnerable adults in need of them. It is intended that the mandatory reporting of such cases will cause the protective services of the state to be brought to bear in an effort to prevent further abuse, neglect, and exploitation of vulnerable adults. In taking this action, the Legislature intends to place the fewest possible restrictions on personal liberty and the exercise of constitutional rights, consistent with due process and protection from abuse, neglect, and exploitation. Further, the Legislature intends to encourage the constructive involvement of families in the care and protection of vulnerable adults.

History.—ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, ch. 73-176; s. 1, ch. 77-174; ss. 3, 5, ch. 79-287; s. 15, ch. 79-298; s. 1, ch. 80-293; s. 1, ch. 83-82; s. 61, ch. 85-81; s. 27, ch. 86-220; s. 93, ch. 95-418; s. 1, ch. 2010-31.

F.S. 415.101 on Google Scholar

F.S. 415.101 on Casetext

Amendments to 415.101

Arrestable Offenses / Crimes under Fla. Stat. 415.101

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 415.101.

Annotations, Discussions, Cases:

Cases Citing Statute 415.101

Total Results: 20

Specialty Hospital-Gainesville, Inc. v. Charles Barth

Court: District Court of Appeal of Florida | Date Filed: 2019-07-15

Snippet: of the Adult Protective Services Act, Sections 415.101- 415.113, Florida Statutes, by improperly restraining

Hochbaum Ex Rel. Hochbaum v. Palm Garden of Winter Haven, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-10-05

Citation: 201 So. 3d 218, 2016 Fla. App. LEXIS 14827

Snippet: disability, are in need of protective services.” § 415.101(2). The legislature intended “to provide for the

Adelman v. Elfenbein

Court: District Court of Appeal of Florida | Date Filed: 2015-08-26

Citation: 174 So. 3d 516, 2015 Fla. App. LEXIS 12773, 2015 WL 5026178

Snippet: (2015) (“Florida Power of Attorney Act”); §§ 415,101-113, Fla. Stat. (2015) (Florida “Adult Protective

Ruby C. Adelman, as the Power of Attorney, Health Care Surrogate, Pre-need Guardian of Burton K. Adelman, and the Successor Trustee of the Burton K. Adelman Restated and Amended Revocable Trust v. Hillary Elfenbein

Court: District Court of Appeal of Florida | Date Filed: 2015-08-26

Snippet: (2015) (“Florida Power of Attorney Act”); §§ 415.101–.113, Fla. Stat. (2015) (Florida “Adult Protective

Mirabile v. Mirabile

Court: District Court of Appeal of Florida | Date Filed: 2009-02-20

Citation: 2 So. 3d 1117, 2009 Fla. App. LEXIS 3451, 2009 WL 413196

Snippet: Florida’s Adult Protective Services Act, section 415.101-415.113, Florida Statutes (2006) and awarding actual

Tenet South Florida Health Systems v. Jackson

Court: District Court of Appeal of Florida | Date Filed: 2008-09-17

Citation: 991 So. 2d 396, 2008 WL 4224382

Snippet: provider to a vulnerable person pursuant to sections 415.101-415.113, Florida Statutes (2007), the Adult Protective

Hayes v. Guardianship of Thompson

Court: Supreme Court of Florida | Date Filed: 2006-11-09

Citation: 952 So. 2d 498, 2006 WL 3228916

Snippet: under the Adult Protective Services Act, sections 415.101-415.113, Florida Statutes (2002), to have Thompson

Florida Department of Children and Families v. Sun-Sentinel, Inc.

Court: Supreme Court of Florida | Date Filed: 2004-02-05

Citation: 865 So. 2d 1278, 29 Fla. L. Weekly Supp. 55, 2004 Fla. LEXIS 161, 2004 WL 212456

Snippet: with the protections enumerated in ss. 39.001 and 415.101. § 119.07(7)(a), Fla. Stat. (2002). Sun-Sentinel

DuFresne v. State

Court: Supreme Court of Florida | Date Filed: 2002-09-05

Citation: 826 So. 2d 272, 2002 WL 2020158

Snippet: from abuse, neglect, and exploitation. See §§ 415.101-.113, Fla. Stat. (Supp. 1998). [6] "Child abuse"

S.S. v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 2001-09-14

Citation: 805 So. 2d 879, 2001 Fla. App. LEXIS 13021, 2001 WL 1048529

Snippet: health care decisions for themselves. Section 415.101(2), Florida Statutes (1999), provides that, “the

A.O. v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1997-07-25

Citation: 696 So. 2d 1358, 1997 Fla. App. LEXIS 8502, 1997 WL 413819

Snippet: individual from abuse, neglect, and exploitation.” § 415.101(2), Fla. Stat. (1993). By adding this language

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-05-01

Snippet: may not be disclosed except as authorized by ss. 415.101-415.113." Likewise, section 415.51(1)(a), Florida

Ago

Court: Florida Attorney General Reports | Date Filed: 1993-08-19

Snippet: , relating to child abuse or neglect. Section 415.101, F.S., provides that it is the intent of the Legislature

State v. Cuda

Court: District Court of Appeal of Florida | Date Filed: 1993-07-16

Citation: 622 So. 2d 502, 1993 WL 261745

Snippet: Protective Services Act, is set forth in section 415.101(2). The pertinent provisions of that subsection

K.M.T. v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1992-10-22

Citation: 608 So. 2d 865, 1992 Fla. App. LEXIS 11162, 1992 WL 301308

Snippet: Adult Protective Services Act (the Act), sections 415.101-415.113, Florida Statutes (1989), under which she

Kmt v. Dept. of H & R Serv.

Court: District Court of Appeal of Florida | Date Filed: 1992-10-22

Citation: 608 So. 2d 865

Snippet: Adult Protective Services Act (the Act), sections 415.101-415.113, Florida Statutes (1989), under which she

DHRS v. Gainesville Sun Pub. Co.

Court: District Court of Appeal of Florida | Date Filed: 1991-07-03

Citation: 582 So. 2d 725, 1991 WL 119682

Snippet: this state with the protections enumerated in ss. 415.101 and 415.502. Section 119.07(7)(a), Fla. Stat. (Supp

B.B.A. v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1991-06-14

Citation: 581 So. 2d 955, 1991 Fla. App. LEXIS 5578, 1991 WL 103427

Snippet: of the Adult Protective Services Act (Sections 415.101-.113, Florida Statutes) (hereinafter sometimes

AMI Anclote Manor Hosp. v. State Ex Rel. Weber

Court: District Court of Appeal of Florida | Date Filed: 1989-10-25

Citation: 553 So. 2d 199, 1989 WL 126666

Snippet: *201 for the alleged victims of any abuse. See §§ 415.101-415.113, Fla. Stat. (1987). Accordingly, we hold

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-10-13

Snippet: Does the Adult Protective Services Act, ss. 415.101-415.113, F.S., require that alleged abuse, neglect