Florida Statutes

Fla. Stat. § 415.111 (2025)

Criminal penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 415.111

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§415.111(1)CRIMES AGAINST PERSONFAIL REPORT ABUSE NEGLECT OF VULNERABLE ADULTM · 2nd

§415.111(2)INVADE PRIVACYDISCLOSE CONFIDENTIAL INFO FROM ABUSE HOTLINEM · 2nd

§415.111(3)PUBLIC ORDER CRIMESREFUSE ACCESS ABROGATED CONFIDENTIAL RECORDM · 2nd

§415.111(4)MAKING FALSE REPORTRENUMBERED. SEE REC #7136F · 3rd

§415.111(5)MAKING FALSE REPORTMAKE FALSE REPORT OF ABUSE VULNERABLE ADULTF · 3rd

§415.111(5)MAKING FALSE REPORTABUSE NEGLECT EXPLOIT VULNERABLE ADULTF · 3rd

§415.111(5a)ASSAULTREMOVEDM · 1st

§415.111(5b)BATTERYREMOVEDF · 3rd

§415.111(5c)AGGRAV ASSLT - WEAPONREMOVEDF · 2nd

§415.111(5d)AGGRAV BATTERYREMOVEDF · 1st

Notes of Decisions

Cited in 32 cases (1 in the last 5 years), 1990–2025 · leading case: Cuda v. State, 639 So. 2d 22 (Fla. 1994).

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Cuda v. State, 639 So. 2d 22 (Fla. 1994). · cites it 10× “5th DCA 1993), in which the Fifth District Court of Appeal expressly declared section 415.111(5), Florida Statutes (1991), valid.”

Taccariello v. State, 664 So. 2d 1118 (Fla. 4th DCA 1995). · cites it 10× “On appeal, appellant claims that (1) the trial court's reasons for departure are invalid; (2) the convictions for both grand theft and fraud violate double jeopardy prohibitions; and (3) section 415.111, Florida Statutes (1991), is unconstitutional.”

Haslett v. Broward Health Imperial Point Med. Ctr., 197 So. 3d 124 (Fla. 4th DCA 2016). · cites it 2× “Secondly, it alleged a cause of action for abuse of a vulnerable adult pursuant to section 415.111, Florida Statutes (2010).”

Cornelius Martin, II v. Michael Wood, 648 F. App'x 911 (11th Cir. 2016). “Neither Monroe nor Benedict ever reported the alleged exploitation to the Florida Department of Children and Families (“DCF”) as required by the APSA, Fla. Stat. §§ 415.111 (1), 415.1034(1)(a)(5).”

Dorothy Chappelle, Calvin Johnson & Evelyn Williams v. South Florida Guardianship Prog., Inc., 169 So. 3d 291 (Fla. 4th DCA 2015). · cites it 2× “The complaint alleged counts for: (1) elderly exploitation pursuant to section 415.111, Florida Statutes, and fraud agaipst the defendants; and (2) undue influence against the ward’s sister Dorothy.”

Deranger v. State, 652 So. 2d 400 (Fla. 2d DCA 1995). · cites it 4× “Karen Deranger appeals her convictions and sentences for three counts of grand theft and for exploitation of an aged person under section 415.111(5), Florida Statutes (1991).”

Mickler v. State, 682 So. 2d 607 (Fla. 2d DCA 1996). · cites it 2× “NOTES [1] Section 415.111(3), Florida Statutes (1989).”

State v. Cuda, 622 So. 2d 502 (Fla. 5th DCA 1993). · cites it 11× “We have consolidated these two appeals because they have as a common issue the determination by the respective trial courts that section 415.111(5), Florida Statutes (1991), is unconstitutionally vague.”

Florida Rules of Crim. Procedure re: Sentencing Guidelines, 576 So. 2d 1307 (Fla. 1991). “13(3) Category 6: Thefts, forgery, fraud: Chapters 322 and 409, section 415.111, chapter 443, section 493.”

Amendments to Florida Rules of Crim. Procedure re Sentencing Guidelines, 628 So. 2d 1084 (Fla. 1993). “142, section 415.111, chapter 443, section 493.”

In Re Amend. to Fla. Rules of Cr. Proc., 606 So. 2d 227 (Fla. 1992). “142, section 415.111, chapter 443, section 493.”

Starling v. State, 677 So. 2d 4 (Fla. 5th DCA 1996). · cites it 4× “The State amended the information to delete the exploitation charge because the statute that Starling had been prosecuted on previously, section 415.111, Florida Statutes, was declared unconstitutionally vague.”

Show all 32 citing cases →

— 415.111(1) — 1 case

Repub. Nat'l Bank of Miami v. Johnson ex rel. Guardianship Prog. of Dade Cnty., Inc., 622 So. 2d 1015 (Fla. 3d DCA 1993).

— 415.111(3) — 2 cases

Mickler v. State, 682 So. 2d 607 (Fla. 2d DCA 1996). “NOTES [1] Section 415.111(3), Florida Statutes (1989).”

State v. Betancourt, 616 So. 2d 82 (Fla. 3d DCA 1993).

— 415.111(4) — 2 cases

State v. Washington, 46 Fla. Supp. 2d 28 (Fla. Cir. Ct. 1991).

— 415.111(5) — 12 cases

Cuda v. State, 639 So. 2d 22 (Fla. 1994). “5th DCA 1993), in which the Fifth District Court of Appeal expressly declared section 415.111(5), Florida Statutes (1991), valid.”

Taccariello v. State, 664 So. 2d 1118 (Fla. 4th DCA 1995). “On appeal, appellant claims that (1) the trial court's reasons for departure are invalid; (2) the convictions for both grand theft and fraud violate double jeopardy prohibitions; and (3) section 415.111, Florida Statutes (1991), is unconstitutional.”

Deranger v. State, 652 So. 2d 400 (Fla. 2d DCA 1995). “Karen Deranger appeals her convictions and sentences for three counts of grand theft and for exploitation of an aged person under section 415.111(5), Florida Statutes (1991).”

State v. Cuda, 622 So. 2d 502 (Fla. 5th DCA 1993). “We have consolidated these two appeals because they have as a common issue the determination by the respective trial courts that section 415.111(5), Florida Statutes (1991), is unconstitutionally vague.”

Ayres v. State, 708 So. 2d 318 (Fla. 5th DCA 1998).

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