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Florida Statute 415.105 - Full Text and Legal Analysis
Florida Statute 415.105 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXX
SOCIAL WELFARE
Chapter 415
ADULT PROTECTIVE SERVICES
View Entire Chapter
F.S. 415.105
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 shall immediately provide, or arrange for the provision of, protective services or protective supervision, including in-home services, provided that the vulnerable adult consents. A vulnerable adult in need of services as defined in s. 415.102 shall be referred to the community care for disabled adults program, or to the community care for the elderly program administered by the Department of Elderly Affairs.
(2) WITHDRAWAL OF CONSENT.If the vulnerable adult withdraws consent to the receipt of protective services or protective supervision, the services may not be provided, except pursuant to s. 415.1051.
(3) INTERFERENCE WITH THE PROVISION OF PROTECTIVE SERVICES.When any person refuses to allow the provision of protective services to a vulnerable adult who has the capacity to consent to services, the department shall petition the court for an order enjoining the person from interfering with the provision of protective services. The petition must allege specific facts sufficient to show that the vulnerable adult is in need of protective services and that the person refuses to allow the provision of such services. If the court finds by clear and convincing evidence that the vulnerable adult is in need of protective services and that the person refuses to allow the provision of such services, the court may issue an order enjoining the person from interfering with the provision of protective services to the vulnerable adult.
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. 31, ch. 86-220; s. 29, ch. 89-294; s. 21, ch. 95-144; s. 37, ch. 95-210; s. 100, ch. 95-418; s. 3, ch. 98-182; s. 33, ch. 2000-349.

F.S. 415.105 on Google Scholar

F.S. 415.105 on CourtListener

Amendments to 415.105


Annotations, Discussions, Cases:

Cases Citing Statute 415.105

Total Results: 6

Marion County v. Johnson

586 So. 2d 1163, 1991 WL 168613

District Court of Appeal of Florida | Filed: Sep 5, 1991 | Docket: 1487963

Cited 5 times | Published

counsel representing a disabled adult ward under section 415.105(3), Florida Statutes (Supp. 1986). In Re Skinner

Matter of Skinner

541 So. 2d 781, 1989 WL 36261

District Court of Appeal of Florida | Filed: Apr 19, 1989 | Docket: 470560

Cited 5 times | Published

Services (HRS) filed a petition pursuant to section 415.105(3), Florida Statutes (Supp. 1986), seeking

Brevard County v. DHRS

589 So. 2d 398, 1991 WL 234538

District Court of Appeal of Florida | Filed: Nov 14, 1991 | Docket: 1730802

Cited 2 times | Published

ward under the Adult Protective Services Act. Section 415.105(3)(a), Florida Statutes (1989) [the protective

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

of the adult. This phrase is used only in section 415.105, which states: (1) PROTECTIVE SERVICES WITH

BREVARD COUNTY BD. OF COUNTY COMR'S v. Harris

657 So. 2d 1233, 1995 WL 395821

District Court of Appeal of Florida | Filed: Jul 7, 1995 | Docket: 1514492

Cited 1 times | Published

protective services for Lynch pursuant to section 415.105 of the Florida Statutes. The court appointed

Ago

Florida Attorney General Reports | Filed: May 12, 1987 | Docket: 3257418

Published

adult children or next of kin of such person. Section 415.105(3), F.S. (1986 Supp.). As provided in s. 415