Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 415.102 - Full Text and Legal Analysis
Florida Statute 415.102 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 415.102 Case Law from Google Scholar Google Search for Amendments to 415.102

The 2025 Florida Statutes

Title XXX
SOCIAL WELFARE
Chapter 415
ADULT PROTECTIVE SERVICES
View Entire Chapter
F.S. 415.102
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 likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional health. Abuse includes acts and omissions.
(2) “Activities of daily living” means functions and tasks for self-care, including ambulation, bathing, dressing, eating, grooming, toileting, and other similar tasks.
(3) “Alleged perpetrator” means a person who has been named by a reporter as the person responsible for abusing, neglecting, or exploiting a vulnerable adult.
(4) “Capacity to consent” means that a vulnerable adult has sufficient understanding to make and communicate responsible decisions regarding the vulnerable adult’s person or property, including whether or not to accept protective services offered by the department.
(5) “Caregiver” means a person who has been entrusted with or has assumed the responsibility for frequent and regular care of or services to a vulnerable adult on a temporary or permanent basis and who has a commitment, agreement, or understanding with that person or that person’s guardian that a caregiver role exists. “Caregiver” includes, but is not limited to, relatives, household members, guardians, neighbors, and employees and volunteers of facilities as defined in subsection (9). For the purpose of departmental investigative jurisdiction, the term “caregiver” does not include law enforcement officers or employees of municipal or county detention facilities or the Department of Corrections while acting in an official capacity.
(6) “Deception” means a misrepresentation or concealment of a material fact relating to services rendered, disposition of property, or the use of property intended to benefit a vulnerable adult.
(7) “Department” means the Department of Children and Families.
(8)(a) “Exploitation” means a person who:
1. Stands in a position of trust and confidence with a vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult; or
2. Knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, the vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult.
(b) “Exploitation” may include, but is not limited to:
1. Breaches of fiduciary relationships, such as the misuse of a power of attorney or the abuse of guardianship duties, resulting in the unauthorized appropriation, sale, or transfer of property;
2. Unauthorized taking of personal assets;
3. Misappropriation, misuse, or transfer of moneys belonging to a vulnerable adult from a personal or joint account; or
4. Intentional or negligent failure to effectively use a vulnerable adult’s income and assets for the necessities required for that person’s support and maintenance.
(9) “Facility” means any location providing day or residential care or treatment for vulnerable adults. The term “facility” may include, but is not limited to, any hospital, state institution, nursing home, assisted living facility, adult family-care home, adult day care center, residential facility licensed under chapter 393, adult day training center, or mental health treatment center.
(10) “False report” means a report of abuse, neglect, or exploitation of a vulnerable adult to the central abuse hotline which is not true and is maliciously made for the purpose of:
(a) Harassing, embarrassing, or harming another person;
(b) Personal financial gain for the reporting person;
(c) Acquiring custody of a vulnerable adult; or
(d) Personal benefit for the reporting person in any other private dispute involving a vulnerable adult.

The term “false report” does not include a report of abuse, neglect, or exploitation of a vulnerable adult which is made in good faith to the central abuse hotline.

(11) “Fiduciary relationship” means a relationship based upon the trust and confidence of the vulnerable adult in the caregiver, relative, household member, or other person entrusted with the use or management of the property or assets of the vulnerable adult. The relationship exists where there is a special confidence reposed in one who in equity and good conscience is bound to act in good faith and with due regard to the interests of the vulnerable adult. For the purposes of this part, a fiduciary relationship may be formed by an informal agreement between the vulnerable adult and the other person and does not require a formal declaration or court order for its existence. A fiduciary relationship includes, but is not limited to, court-appointed or voluntary guardians, trustees, attorneys, or conservators of a vulnerable adult’s assets or property.
(12) “Guardian” means a person who has been appointed by a court to act on behalf of a person; a preneed guardian, as provided in chapter 744; or a health care surrogate expressly designated as provided in chapter 765.
(13) “In-home services” means the provision of nursing, personal care, supervision, or other services to vulnerable adults in their own homes.
(14) “Intimidation” means the communication by word or act to a vulnerable adult that such person will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, or financial support or will suffer physical violence.
(15) “Lacks capacity to consent” means a mental impairment that causes a vulnerable adult to lack sufficient understanding or capacity to make or communicate responsible decisions concerning person or property, including whether or not to accept protective services.
(16) “Neglect” means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. “Neglect” is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death.
(17) “Obtains or uses” means any manner of:
(a) Taking or exercising control over property;
(b) Making any use, disposition, or transfer of property;
(c) Obtaining property by fraud, willful misrepresentation of a future act, or false promise; or
(d)1. Conduct otherwise known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or
2. Other conduct similar in nature.
(18) “Office” has the same meaning as in s. 400.0060.
(19) “Position of trust and confidence” with respect to a vulnerable adult means the position of a person who:
(a) Is a parent, spouse, adult child, or other relative by blood or marriage;
(b) Is a joint tenant or tenant in common;
(c) Has a legal or fiduciary relationship, including, but not limited to, a court-appointed or voluntary guardian, trustee, attorney, or conservator; or
(d) Is a caregiver or any other person who has been entrusted with or has assumed responsibility for the use or management of the vulnerable adult’s funds, assets, or property.
(20) “Protective investigation” means acceptance of a report from the central abuse hotline alleging abuse, neglect, or exploitation as defined in this section; investigation of the report; determination as to whether action by the court is warranted; and referral of the vulnerable adult to another public or private agency when appropriate.
(21) “Protective investigator” means an authorized agent of the department who receives and investigates reports of abuse, neglect, or exploitation of vulnerable adults.
(22) “Protective services” means services to protect a vulnerable adult from further occurrences of abuse, neglect, or exploitation. Such services may include, but are not limited to, protective supervision, placement, and in-home and community-based services.
(23) “Protective supervision” means those services arranged for or implemented by the department to protect vulnerable adults from further occurrences of abuse, neglect, or exploitation.
(24) “Psychological injury” means an injury to the intellectual functioning or emotional state of a vulnerable adult as evidenced by an observable or measurable reduction in the vulnerable adult’s ability to function within that person’s customary range of performance and that person’s behavior.
(25) “Records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, videotapes, or other material, regardless of physical form or characteristics, made or received pursuant to a protective investigation.
(26) “Sexual abuse” means acts of a sexual nature committed in the presence of a vulnerable adult without that person’s informed consent. “Sexual abuse” includes, but is not limited to, the acts defined in s. 794.011(1)(j), fondling, exposure of a vulnerable adult’s sexual organs, or the use of a vulnerable adult to solicit for or engage in prostitution or sexual performance. “Sexual abuse” does not include any act intended for a valid medical purpose or any act that may reasonably be construed to be normal caregiving action or appropriate display of affection.
(27) “Victim” means any vulnerable adult named in a report of abuse, neglect, or exploitation.
(28) “Vulnerable adult” means a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.
(29) “Vulnerable adult in need of services” means a vulnerable adult who has been determined by a protective investigator to be suffering from the ill effects of neglect not caused by a second party perpetrator and is in need of protective services or other services to prevent further harm.
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. 28, ch. 86-220; s. 29, ch. 87-238; s. 26, ch. 89-294; s. 1, ch. 90-50; s. 44, ch. 90-306; s. 1, ch. 91-57; s. 35, ch. 95-210; s. 94, ch. 95-418; s. 9, ch. 97-98; s. 127, ch. 97-101; s. 41, ch. 97-264; s. 1, ch. 98-182; s. 68, ch. 2000-153; s. 26, ch. 2000-349; s. 4, ch. 2003-57; s. 1, ch. 2006-131; s. 57, ch. 2006-227; s. 2, ch. 2010-31; s. 234, ch. 2014-19; s. 28, ch. 2015-31; s. 16, ch. 2022-165; s. 94, ch. 2023-8.

F.S. 415.102 on Google Scholar

F.S. 415.102 on CourtListener

Amendments to 415.102


Annotations, Discussions, Cases:

Cases Citing Statute 415.102

Total Results: 27

Haslett v. Broward Health Imperial Point Medical Center

197 So. 3d 124, 2016 Fla. App. LEXIS 11105, 2016 WL 3913368

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 60256184

Cited 7 times | Published

facility were “caregivers” within the meaning of section 415.102(5), Florida Statutes (20Í0), which defines

Tenet South Florida Health Systems v. Jackson

991 So. 2d 396, 2008 WL 4224382

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 1725036

Cited 5 times | Published

that presuit notice is not required under section 415.102(15) of the Adult Protective Services Act, which

Bohannon v. SHANDS TEACHING HOSP.

983 So. 2d 717, 2008 WL 2338516

District Court of Appeal of Florida | Filed: Jun 10, 2008 | Docket: 1684701

Cited 4 times | Published

vulnerable adult lacks the capacity to consent. Section 415.102 provides definitions, including the following

Woodruff v. TRG-Harbour House, Ltd.

967 So. 2d 248, 2007 Fla. App. LEXIS 14248, 2007 WL 2609464

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 64852750

Cited 4 times | Published

that Appellant was a “vulnerable adult.” See § 415.102, Fla. Stat. (2005) (defining a “vulnerable adult”

Grasso v. Grasso

131 F. Supp. 3d 1303, 2015 U.S. Dist. LEXIS 124535, 2015 WL 5474509

District Court, M.D. Florida | Filed: Sep 17, 2015 | Docket: 64304254

Cited 3 times | Published

brain damage, or the infirmities of old age. § 415.102(27).2 Furthermore, “exploitation” is defined to

Kmt v. Dept. of H & R Serv.

608 So. 2d 865

District Court of Appeal of Florida | Filed: Oct 22, 1992 | Docket: 1732514

Cited 3 times | Published

with regard to what constitutes neglect under section 415.102(13), Florida Statutes (1989), and, as a result

In Re Guardianship of JDS

864 So. 2d 534, 2004 WL 42619

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 1426074

Cited 2 times | Published

of the Respondent's [J.D.S.] unborn child. Section 415.102(10), F.S. (2003). Additionally, a guardian

In Re Guardianship of Schiavo

932 So. 2d 264, 2005 WL 2248010

District Court of Appeal of Florida | Filed: Sep 16, 2005 | Docket: 1684614

Cited 1 times | Published

the definition of "vulnerable adults" under section 415.102(26). See § 744.3031. Chapter 415 gives authority

FLORIDA DCFS v. McKim

869 So. 2d 760, 2004 WL 768637

District Court of Appeal of Florida | Filed: Apr 13, 2004 | Docket: 1175173

Cited 1 times | Published

"vulnerable adult in need of services" as defined in § 415.102(27), Fla. Stat., because of self neglect. Nevertheless

State v. Cuda

622 So. 2d 502, 1993 WL 261745

District Court of Appeal of Florida | Filed: Jul 16, 1993 | Docket: 546864

Cited 1 times | Published

commits a felony of the third degree.... Section 415.102(3), Florida Statutes (1991): "Aged person"

Lujerio Cordero v. Transamerica Annuity Service

Court of Appeals for the Eleventh Circuit | Filed: Jun 16, 2023 | Docket: 63179641

Published

Argued: Mar 22, 2022

someone other than the vulnerable adult.” Id. § 415.102(8)(a). Ex- amples of exploitation listed

JOHN DOE 1 v. ARCHDIOCESE OF MIAMI, INC.

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 63180115

Published

the abuser as a type of individual is found in § 415.102(1): “‘Abuse’ means any willful act or threatened

DANIELLE MONTES-BOLDEN v. LINA BEAUVAIS

District Court of Appeal of Florida | Filed: Oct 19, 2022 | Docket: 65588643

Published

or brain damage, or the infirmities of aging.” § 415.102(28), Fla. Stat. (2021). 2 The trial court entered

Specialty Hospital-Gainesville, Inc. v. Charles Barth

District Court of Appeal of Florida | Filed: Jul 15, 2019 | Docket: 15916397

Published

“caregiver,” as those terms are defined in section 415.102, Florida Statutes. Specialty Hospital moved

Dunn v. Dunn (In re Dunn)

473 B.R. 458, 23 Fla. L. Weekly Fed. B 467, 2012 WL 2064384, 2012 Bankr. LEXIS 2619

United States Bankruptcy Court, N.D. Florida | Filed: Jun 7, 2012 | Docket: 65783986

Published

exploitation of the elderly, the court examined § 415.102(7)(a) Florida Statute (2008), which provides that

Wixtrom v. Department of Children & Families

864 So. 2d 534, 2004 Fla. App. LEXIS 161

District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 64827650

Published

of the Respondent’s [J.D.S.] unborn child. Section 415.102(10), F.S. (2003). Additionally, a guardian

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

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

District Court of Appeal of Florida | Filed: Sep 14, 2001 | Docket: 64811947

Published

that, final order entered by the Department. Section 415.102(4), Florida Statutes (1999), defines caregiver

Ago

Florida Attorney General Reports | Filed: Aug 2, 2001 | Docket: 3258445

Published

abandonment, or child-on-child sexual abuse." 20 Section 415.102(25), Fla. Stat., defines a "Victim" as "any

L.G.H. v. Department of Children & Family Services

735 So. 2d 548, 1999 Fla. App. LEXIS 6825, 1999 WL 357625

District Court of Appeal of Florida | Filed: May 27, 1999 | Docket: 64788873

Published

CONCUR. BENTON, J., CONCURS IN RESULT ONLY. . § 415.102(14)(a)-(b), Fla. Stat.

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

728 So. 2d 1228, 1999 Fla. App. LEXIS 4297, 1999 WL 187415

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 64787061

Published

of neglect of a disabled adult pursuant to section 415.102(20), Fla.Stat. (1995). We reverse upon a holding

C.B. v. Department of Children & Family Services

763 So. 2d 356, 1998 Fla. App. LEXIS 7525, 1998 WL 329569

District Court of Appeal of Florida | Filed: Jun 24, 1998 | Docket: 64799003

Published

in the context of this case is defined in section 415.102(20), Florida Statutes (1995) as follows: “Neglect”

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

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

District Court of Appeal of Florida | Filed: Jul 25, 1997 | Docket: 64775094

Published

define the meaning of neglect, as set forth in section 415.102(12), Florida Statutes (1993), is mis*1362placed

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

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

District Court of Appeal of Florida | Filed: Oct 22, 1992 | Docket: 64692158

Published

with regard to what constitutes neglect under section 415.102(13), Florida Statutes (1989), and, as a result

A. D'A. v. Department of Health & Rehabilitative Services

596 So. 2d 1192, 1992 Fla. App. LEXIS 3912, 1992 WL 67927

District Court of Appeal of Florida | Filed: Apr 6, 1992 | Docket: 64666627

Published

nursing home is a caregiver as defined under section 415.102(4), Florida Statutes (Supp.1986). We further

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

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

District Court of Appeal of Florida | Filed: Jun 14, 1991 | Docket: 64659855

Published

was a “disabled adult” within the meaning of Section 415.102(8), which provides: (8) “Disabled adult” means

Ago

Florida Attorney General Reports | Filed: Oct 13, 1989 | Docket: 3255646

Published

Robert A. Butterworth Attorney General (ls) 1 Section 415.102(4), F.S., as amended by s. 26, Ch. 89-294,

Human Rights Advocacy Committee for Developmental Services for District VIII v. Lee County School Board

457 So. 2d 522, 20 Educ. L. Rep. 1276, 9 Fla. L. Weekly 2012, 1984 Fla. App. LEXIS 15069

District Court of Appeal of Florida | Filed: Sep 19, 1984 | Docket: 64607398

Published

. See § 827.09(l)(a), (f), Fla.Stat. (1981); § 415.-102(3), (5), Fla.Stat. (1983).