Florida Statute 415.111 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 415
ADULT PROTECTIVE SERVICES

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F.S. 415.111

415.111 Criminal penalties.—

(1) A person who knowingly and willfully fails to report a case of known or suspected abuse, neglect, or exploitation of a vulnerable adult, or who knowingly and willfully prevents another person from doing so, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who knowingly and willfully makes public or discloses any confidential information contained in the central abuse hotline, or in other computer systems, or in the records of any case of abuse, neglect, or exploitation of a vulnerable adult, except as provided in ss. 415.101-415.113, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A person who has custody of records and documents the confidentiality of which is abrogated under s. 415.1045(3) and who refuses to grant access to such records commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) If the department or its authorized agent has determined after its investigation that a report is false, the department shall, with the consent of the alleged perpetrator, refer the reports to the local law enforcement agency having jurisdiction for an investigation to determine whether sufficient evidence exists to refer the case for prosecution for filing a false report as defined in s. 415.102. During the pendency of the investigation by the local law enforcement agency, the department must notify the local law enforcement agency of, and the local law enforcement agency must respond to, all subsequent reports concerning the same vulnerable adult in accordance with s. 415.104 or s. 415.1045. If the law enforcement agency believes that there are indicators of abuse, neglect, or exploitation, it must immediately notify the department, which must assure the safety of the vulnerable adult. If the law enforcement agency finds sufficient evidence for prosecution for filing a false report, it must refer the case to the appropriate state attorney for prosecution.

(5) A person who knowingly and willfully makes a false report of abuse, neglect, or exploitation of a vulnerable adult, or a person who advises another to make a false report, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(a) The department shall establish procedures for determining whether a false report of abuse, neglect, or exploitation of a vulnerable adult has been made and for submitting all identifying information relating to such a false report to the local law enforcement agency as provided in this subsection and shall report annually to the Legislature the number of reports referred.

(b) Anyone making a report who is acting in good faith is immune from any liability under this subsection.

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. 36, ch. 86-220; s. 19, ch. 88-337; s. 1, ch. 89-322; s. 49, ch. 90-306; s. 5, ch. 91-57; s. 16, ch. 91-71; s. 250, ch. 91-224; s. 1, ch. 91-258; s. 4, ch. 95-140; s. 20, ch. 95-158; s. 111, ch. 95-418; s. 7, ch. 96-293; s. 2, ch. 98-111; s. 10, ch. 98-182; s. 40, ch. 2000-349; s. 4, ch. 2002-70.

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Amendments to 415.111

Arrestable Offenses / Crimes under Fla. Stat. 415.111

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

S415.111 1 - CRIMES AGAINST PERSON - FAIL REPORT ABUSE NEGLECT OF VULNERABLE ADULT - M: S

S415.111 2 - INVADE PRIVACY - DISCLOSE CONFIDENTIAL INFO FROM ABUSE HOTLINE - M: S

S415.111 3 - PUBLIC ORDER CRIMES - REFUSE ACCESS ABROGATED CONFIDENTIAL RECORD - M: S

S415.111 4 - MAKING FALSE REPORT - RENUMBERED. SEE REC #7136 - F: T

S415.111 5 - MAKING FALSE REPORT - OF ABUSE OF VULNERABLE ADULT - F: T

S415.111 5 - MAKING FALSE REPORT - ABUSE NEGLECT EXPLOIT VULNERABLE ADULT - F: T

S415.111 5a - ASSAULT - REMOVED - M: F

S415.111 5b - BATTERY - REMOVED - F: T

S415.111 5c - AGGRAV ASSLT - WEAPON - REMOVED - F: S

S415.111 5d - AGGRAV BATTERY - REMOVED - F: F

Annotations, Discussions, Cases:

Cases Citing Statute 415.111

Total Results: 20

Specialty Hospital-Gainesville, Inc. v. Charles Barth

Court: District Court of Appeal of Florida | Date Filed: 2019-07-15

Snippet: law enforcement could be charged under section 415.111, Florida Statutes. We therefore reverse the

Haslett v. Broward Health Imperial Point Medical Center

Court: District Court of Appeal of Florida | Date Filed: 2016-07-20

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

Snippet: abuse of a vulnerable adult pursuant to section 415.111, Florida Statutes (2010). It alleged that Dr. Antoine

Spencer v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-03-18

Citation: 196 So. 3d 400, 2016 Fla. App. LEXIS 4212, 2016 WL 1066189

Snippet: protection claim for a venireperson. Id. at 415, 111 S.Ct. 1364. The U.S. Supreme Court does not

Dorothy Chappelle, Calvin Johnson and Evelyn Williams v. South Florida Guardianship Program, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2015-07-22

Citation: 169 So. 3d 291, 2015 Fla. App. LEXIS 11077

Snippet: for: (1) elderly exploitation pursuant to section 415.111, Florida Statutes, and fraud agaipst the defendants;

Little v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-04-10

Citation: 111 So. 3d 214, 2013 WL 1442150, 2013 Fla. App. LEXIS 5670

Snippet: provisions. See Pompano Horse Club v. State, 93 Fla. 415, 111 So. 801, 805 (1927) (“[T]he word ‘or’ is usually

Galstyan v. Galstyan

Court: District Court of Appeal of Florida | Date Filed: 2012-04-18

Citation: 85 So. 3d 561, 2012 WL 1319031, 2012 Fla. App. LEXIS 6056

Snippet: choice. See Pompano Horse Club v. State, 93 Fla. 415, 111 So. 801, 805 (1927). When the language of a statute

Clines v. State

Court: Supreme Court of Florida | Date Filed: 2005-07-07

Citation: 912 So. 2d 550, 2005 WL 1572294

Snippet: see also Pompano Horse Club v. State, 93 Fla. 415, 111 So. 801, 805 (1927) ("In its elementary sense

Johnson v. State

Court: Supreme Court of Florida | Date Filed: 2005-03-31

Citation: 903 So. 2d 888, 2005 WL 729182

Snippet: at 1028-29 (citing Mu'Min v. Virginia, 500 U.S. 415, 111 S.Ct. 1899, 114 L.Ed.2d 493 (1991)). The selection

Clines v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-09-15

Citation: 881 So. 2d 721, 2004 WL 2047365

Snippet: alternative...." Pompano Horse Club v. State, 93 Fla. 415, 111 So. 801, 805 (1927). Nevertheless, the question

Brake v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-12-10

Citation: 746 So. 2d 527, 1999 WL 1128789

Snippet: court held that the term "illegal use" in section 415.111(5), which made it a third-degree felony to exploit

Teffeteller v. Dugger

Court: Supreme Court of Florida | Date Filed: 1999-03-04

Citation: 734 So. 2d 1009, 1999 WL 395697

Snippet: fundamentally unfair. See Mu'Min v. Virginia, 500 U.S. 415, 111 S.Ct. 1899, 114 L.Ed.2d 493 (1991). As we noted

Mora v. South Broward Hosp. Dist.

Court: District Court of Appeal of Florida | Date Filed: 1998-04-01

Citation: 710 So. 2d 633, 1998 WL 145077

Snippet: misdemeanor penalties are provided in section 415.111 for violation of the mandatory reporting requirements

Ayres v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-03-13

Citation: 708 So. 2d 318, 1998 Fla. App. LEXIS 2431, 1998 WL 107265

Snippet: exploitation of the elderly, a violation of section 415.111(5), Florida Statutes. On January 17, 1992, he pled

Taccariello v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-04-16

Citation: 692 So. 2d 231, 1997 Fla. App. LEXIS 3942

Snippet: exploitation of the elderly pursuant to section 415.111, Flori*232da Statutes (1991)1, and remanded with

Mickler v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-10-30

Citation: 682 So. 2d 607, 1996 WL 625399

Snippet: , and WHATLEY, J., concur. NOTES [1] Section 415.111(3), Florida Statutes (1989).

Starling v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-06-07

Citation: 677 So. 2d 4, 1996 Fla. App. LEXIS 5932, 1996 WL 302356

Snippet: Starling had been prosecuted on previously, section 415.111, Florida Statutes, was declared unconstitutionally

James v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-02-28

Citation: 668 So. 2d 1072, 1996 Fla. App. LEXIS 1604, 1996 WL 82770

Snippet: exploitation of an aged person in violation of section 415.111, Florida Statutes (1991). At the same time, appellant

Boggs v. State

Court: Supreme Court of Florida | Date Filed: 1996-02-08

Citation: 667 So. 2d 765, 1996 WL 48413

Snippet: unfair. See Mu'Min *768 v. Virginia, 500 U.S. 415, 111 S.Ct. 1899, 114 L.Ed.2d 493 (1991). In this case

Fla Birth Related Neuro. v. Div. Admin.

Court: District Court of Appeal of Florida | Date Filed: 1995-12-15

Citation: 664 So. 2d 1016, 1995 WL 612957

Snippet: Pompano Horse Club, Inc. v. State, 1927, 93 Fla. 415, 111 So. 801, 52 A.L.R. 51; see also Pinellas County

Taccariello v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-12-13

Citation: 664 So. 2d 1118, 1995 WL 733378

Snippet: exploitation of the elderly in violation of section 415.111(5), Florida Statutes (1991). The cases were consolidated