Florida Statutes
Fla. Stat. § 415.105 (2025)
Provision of protective services with consent; withdrawal of consent; interference.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 5
cases, 1989–2004 · leading case: Matter of Skinner, 541 So. 2d 781 (Fla. 4th DCA 1989).
Matter of Skinner, 541 So. 2d 781 (Fla. 4th DCA 1989). “The State Department of Health and Rehabilitative Services (HRS) filed a petition pursuant to section 415.105(3), Florida Statutes (Supp.”
Marion Cnty. v. Johnson, 586 So. 2d 1163 (Fla. 5th DCA 1991). “In a later case, the fourth district affirmed a trial court's order assessing attorney's fees against Indian River County for court-appointed counsel representing a disabled adult ward under section 415.”
Florida Dcfs v. Mckim, 869 So. 2d 760 (Fla. 1st DCA 2004). “This phrase is used only in section 415.105, which states: (1) PROTECTIVE SERVICES WITH CONSENT.”
Brevard Cnty. v. DHRS, 589 So. 2d 398 (Fla. 5th DCA 1991). “Section 415.105(3)(a), Florida Statutes (1989) [the protective services statute] provided that "the court shall appoint legal counsel to represent the aged person or disabled adult if he is without legal representation.”
Brevard Cnty. Bd. of Cnty. Comr's v. Harris, 657 So. 2d 1233 (Fla. 5th DCA 1995). “The following day, HRS filed a petition seeking protective services for Lynch pursuant to section 415.105 of the Florida Statutes. The court appointed John Harris to act as Lynch's attorney in the matter.”
— 415.105(1) — 1 case
Florida Dcfs v. Mckim, 869 So. 2d 760 (Fla. 1st DCA 2004). “This phrase is used only in section 415.105, which states: (1) PROTECTIVE SERVICES WITH CONSENT.”
— 415.105(3) — 3 cases
Matter of Skinner, 541 So. 2d 781 (Fla. 4th DCA 1989). “The State Department of Health and Rehabilitative Services (HRS) filed a petition pursuant to section 415.105(3), Florida Statutes (Supp.”
Marion Cnty. v. Johnson, 586 So. 2d 1163 (Fla. 5th DCA 1991). “In a later case, the fourth district affirmed a trial court's order assessing attorney's fees against Indian River County for court-appointed counsel representing a disabled adult ward under section 415.”
Brevard Cnty. Bd. of Cnty. Comr's v. Harris, 657 So. 2d 1233 (Fla. 5th DCA 1995). “The following day, HRS filed a petition seeking protective services for Lynch pursuant to section 415.105 of the Florida Statutes. The court appointed John Harris to act as Lynch's attorney in the matter.”
— 415.105(3)(a) — 3 cases
Brevard Cnty. v. DHRS, 589 So. 2d 398 (Fla. 5th DCA 1991). “Section 415.105(3)(a), Florida Statutes (1989) [the protective services statute] provided that "the court shall appoint legal counsel to represent the aged person or disabled adult if he is without legal representation.”
Matter of Skinner, 541 So. 2d 781 (Fla. 4th DCA 1989). “The State Department of Health and Rehabilitative Services (HRS) filed a petition pursuant to section 415.105(3), Florida Statutes (Supp.”
Brevard Cnty. Bd. of Cnty. Comr's v. Harris, 657 So. 2d 1233 (Fla. 5th DCA 1995). “The following day, HRS filed a petition seeking protective services for Lynch pursuant to section 415.105 of the Florida Statutes. The court appointed John Harris to act as Lynch's attorney in the matter.”
— 415.105(5) — 1 case
Brevard Cnty. Bd. of Cnty. Comr's v. Harris, 657 So. 2d 1233 (Fla. 5th DCA 1995). “The following day, HRS filed a petition seeking protective services for Lynch pursuant to section 415.105 of the Florida Statutes. The court appointed John Harris to act as Lynch's attorney in the matter.”
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