Florida Statutes

Fla. Stat. § 415.101 (2025)

Adult Protective Services Act; legislative intent.

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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.

Notes of Decisions

Cited in 17 cases (5 in the last 5 years), 1989–2026 · leading case: Fischer v. Metcalf, 543 So. 2d 785 (Fla. 3d DCA 1989).

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Fischer v. Metcalf, 543 So. 2d 785 (Fla. 3d DCA 1989). · cites it 2× “" § 415.101, Fla. Stat. (1983). Without question, the legislature intends that such protection be provided through increased supervision and regulation by HRS, rather than through implication of a private remedy.”

DuFresne v. State, 826 So. 2d 272 (Fla. 2002). “See §§ 415.101-.113, Fla. Stat. (Supp. 1998).”

Grasso v. Grasso, 131 F. Supp. 3d 1303 (M.D. Fla. 2015). · cites it 2× “Exploitation of the Elderly (Count I) In Count I of her Amended Complaint, Olga asserts a claim for exploitation under Florida’s Adult Protective Services Act, §§ 415.101-415.113, Florida Statutes. To succeed on her exploitation claim, Olga must establish that she was a…”

Hochbaum Ex Rel. Hochbaum v. Palm Garden of Winter Haven, LLC, 201 So. 3d 218 (Fla. 2d DCA 2016). “” § 415.101(2). The legislature intended “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.”

Tenet South Florida Health Sys. v. Jackson, 991 So. 2d 396 (Fla. 3d DCA 2008). “We do not agree with Jackson that the particular allegations of this Complaint state a claim for neglect of a vulnerable person by a caregiver pursuant to the Adult Protective Services Act, see §§ 415.101-415.113, Fla. Stat. (2007). [1] Chapter 415 was enacted to protect…”

Gonzalez v. Martinez, 756 F. Supp. 1533 (S.D. Fla. 1991). · cites it 2× “Specific formal administrative remedies cited by Defendants include: 1) filing grievances with the hospital or HRS on behalf of patients in accordance with HRS regulations, Fla.”

State v. Cuda, 622 So. 2d 502 (Fla. 5th DCA 1993). “The legislative purpose of the section as well as Chapter 415, the Adult Protective Services Act, is set forth in section 415.101(2). The pertinent provisions of that subsection include an expression of legislative intent to provide for the detection and correction of…”

AMI Anclote Manor Hosp. v. State Ex Rel. Weber, 553 So. 2d 199 (Fla. 2d DCA 1989). “See §§ 415.101-415.113, Fla. Stat. (1987). Accordingly, we hold that respondents, in this case, do not have standing, under section 394.”

Bahmann v. Wells Fargo Bank, N.A. (M.D. Fla. 2023). · cites it 2× “exploited” to report such exploitation to the Florida Department of Children and Families.”

Cordero v. Transamerica Annuity Serv. Corp. (S.D. Fla. 2021). · cites it 2× “” Fla. Stat. § 415.101 (2). A “vulnerable adult” is defined as “a person 18 years of age or older whose ability .”

S.S. v. Dep't of Child. & Fam. Servs., 805 So. 2d 879 (Fla. 2d DCA 2001). · cites it 2× “Section 415.101(2), Florida Statutes (1999), provides that, “the Legislature intends to place the fewest possible restrictions on personal liberty and the exercise of constitutional rights.”

Goodwin v. Jp Morgan Chase & Co., N.A. (D.N.J. 2024). “Plaintiff asserts Defendant failed to file a report with the “appropriate State Agency as it was required to do pursuant to Florida’s Adult Protective services Act (“FAPSA”), Fla. Stat §§ 415.101-113." Jd@at 457, B. Procedural Background Plaintiff filed its two-count Amended…”

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— 415.101(2) — 5 cases

S.S. v. Dep't of Child. & Fam. Servs., 805 So. 2d 879 (Fla. 2d DCA 2001). “Section 415.101(2), Florida Statutes (1999), provides that, “the Legislature intends to place the fewest possible restrictions on personal liberty and the exercise of constitutional rights.”

Bahmann v. Wells Fargo Bank, N.A. (M.D. Fla. 2023). “exploited” to report such exploitation to the Florida Department of Children and Families.”

A.O. v. Dep't of Health & Rehabilitative Servs., 696 So. 2d 1358 (Fla. 1st DCA 1997).

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