Florida Statute 415.105 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 415.105

Arrestable Offenses / Crimes under Fla. Stat. 415.105

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 415.105.

Annotations, Discussions, Cases:

Cases Citing Statute 415.105

Total Results: 7

FLORIDA DCFS v. McKim

Court: District Court of Appeal of Florida | Date Filed: 2004-04-13

Citation: 869 So. 2d 760, 2004 WL 768637

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

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

Court: District Court of Appeal of Florida | Date Filed: 1995-07-07

Citation: 657 So. 2d 1233, 1995 WL 395821

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

Brevard County v. DHRS

Court: District Court of Appeal of Florida | Date Filed: 1991-11-14

Citation: 589 So. 2d 398, 1991 WL 234538

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

Marion County v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 1991-09-05

Citation: 586 So. 2d 1163, 1991 WL 168613

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

Matter of Skinner

Court: District Court of Appeal of Florida | Date Filed: 1989-04-19

Citation: 541 So. 2d 781, 1989 WL 36261

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1987-05-12

Snippet: AN AGED PERSON OR DISABLED ADULT PURSUANT TO s. 415.105(3)(a), F.S. (1986 SUPP.)? Initially I would suggest

Henigson v. Davis

Court: District Court of Appeal of Florida | Date Filed: 1974-11-08

Citation: 305 So. 2d 86

Snippet: 313 P.2d 178 (1957); Klatt v. Zera, 11 Wis.2d 415, 105 N.W.2d 776 (1960). Both cases involved vicarious