Florida Statute 415.1111 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 415
ADULT PROTECTIVE SERVICES

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F.S. 415.1111

415.1111 Civil actions.—A vulnerable adult who has been abused, neglected, or exploited as specified in this chapter has a cause of action against any perpetrator and may recover actual and punitive damages for such abuse, neglect, or exploitation. The action may be brought by the vulnerable adult, or that person’s guardian, by a person or organization acting on behalf of the vulnerable adult with the consent of that person or that person’s guardian, or by the personal representative of the estate of a deceased victim without regard to whether the cause of death resulted from the abuse, neglect, or exploitation. The action may be brought in any court of competent jurisdiction to enforce such action and to recover actual and punitive damages for any deprivation of or infringement on the rights of a vulnerable adult. A party who prevails in any such action may be entitled to recover reasonable attorney’s fees, costs of the action, and damages. The remedies provided in this section are in addition to and cumulative with other legal and administrative remedies available to a vulnerable adult. Notwithstanding the foregoing, any civil action for damages against any licensee or entity who establishes, controls, conducts, manages, or operates a facility licensed under part II of chapter 400 relating to its operation of the licensed facility shall be brought pursuant to s. 400.023, or against any licensee or entity who establishes, controls, conducts, manages, or operates a facility licensed under part I of chapter 429 relating to its operation of the licensed facility shall be brought pursuant to s. 429.29. Such licensee or entity shall not be vicariously liable for the acts or omissions of its employees or agents or any other third party in an action brought under this section.

History.—s. 112, ch. 95-418; s. 23, ch. 96-418; s. 41, ch. 2000-349; s. 12, ch. 2001-45; s. 86, ch. 2006-197.

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Amendments to 415.1111

Arrestable Offenses / Crimes under Fla. Stat. 415.1111

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 415.1111.

Annotations, Discussions, Cases:

Cases Citing Statute 415.1111

Total Results: 18

Specialty Hospital-Gainesville, Inc. v. Charles Barth

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

Snippet: Appellant Charles Barth damages under section 415.1111, Florida Statutes, which provides a cause of action

DIVERSICARE LEASING CORP. v. THE ESTATE OF HERBERT P. CATT

Court: District Court of Appeal of Florida | Date Filed: 2019-03-29

Citation: 267 So. 3d 560

Snippet: fiduciary duty (count V), and violations of section 415.1111, Florida Statutes (2017) (count VI).

CAROL F. JOHNSON v. HEARTLAND OF FORT MYERS, FL, LLC

Court: District Court of Appeal of Florida | Date Filed: 2018-11-07

Citation: 257 So. 3d 634

Snippet: and count three alleged violations of section 415.1111, Florida Statutes (2016).

Rockledge NH, LLC v. Miley Ex Rel. Miley

Court: District Court of Appeal of Florida | Date Filed: 2017-05-19

Citation: 219 So. 3d 246, 2017 WL 2200453, 2017 Fla. App. LEXIS 7175

Snippet: Florida’s Adult Protective Services Act, section 415.1111, Florida Statutes (2013), and one count for breach

Hochbaum Ex Rel. Hochbaum v. Palm Garden of Winter Haven, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-10-05

Citation: 201 So. 3d 218, 2016 Fla. App. LEXIS 14827

Snippet: and count three alleged violations of section 415.1111, Florida Statutes (2013). The nursing home defendants

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: As to the count alleging a violation of section 415.1111, Florida Statutes (2010), we agree with appellees

Trans Health Management, Inc. v. Webb ex rel. Webb

Court: District Court of Appeal of Florida | Date Filed: 2013-12-10

Citation: 132 So. 3d 1152, 2013 WL 6438940, 2013 Fla. App. LEXIS 19594

Snippet: court granted leave to add a claim under section 415.1111, Florida Statutes, for abuse, neglect, or exploitation

Fi-Evergreen Woods, LLC v. Robinson

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

Citation: 135 So. 3d 331, 2013 WL 5493462, 2013 Fla. App. LEXIS 15627

Snippet: under the Adult Protective Services Act, section 415.1111, Florida Statutes (2011), under which she alleged

FI-Evergreen Woods, LLC v. Estate of Vrastil

Court: District Court of Appeal of Florida | Date Filed: 2013-07-05

Citation: 118 So. 3d 859, 2013 Fla. App. LEXIS 10753, 2013 WL 3357519

Snippet: Statutes §§ 400.22, 400.023, 400.428, 400.429, 415.1111 ... [except claims which could be pursued in small

Spring Lake NC, LLC v. Figueroa

Court: District Court of Appeal of Florida | Date Filed: 2012-12-14

Citation: 104 So. 3d 1211, 2012 WL 6216764, 2012 Fla. App. LEXIS 21521

Snippet: of fiduciary duties, and violations of section 415.1111, Florida Statutes (2010). After Mr. Figueroa filed

Schwartzberg v. Knobloch

Court: District Court of Appeal of Florida | Date Filed: 2012-09-07

Citation: 98 So. 3d 173, 2012 Fla. App. LEXIS 14984

Snippet: breach of fiduciary duty, and violations of section 415.1111, Florida Statutes (2009). Mr. Knobloch died on

Madonna v. Gaynor ex rel. Gaynor

Court: District Court of Appeal of Florida | Date Filed: 2012-08-22

Citation: 95 So. 3d 990, 2012 WL 3588326, 2012 Fla. App. LEXIS 14000

Snippet: fiduciary duty, and statutory violations of section 415.1111, Florida Statutes (2007). According to the amended

Estate of Deresh ex rel. Schneider v. FS Tenant Pool III Trust

Court: District Court of Appeal of Florida | Date Filed: 2012-07-11

Citation: 95 So. 3d 296, 2012 WL 2813819, 2012 Fla. App. LEXIS 11284

Snippet: the corporate defendants’ violations of section 415.1111, Florida Statutes (2008), exploitation of a -vulnerable

Pasquale v. Loving

Court: District Court of Appeal of Florida | Date Filed: 2012-03-21

Citation: 82 So. 3d 1205, 2012 Fla. App. LEXIS 4472, 2012 WL 933030

Snippet: dismissed because appellants lacked standing. See § 415.1111, Fla. Stat. (2009) (stating that an action for

Bohannon v. SHANDS TEACHING HOSP.

Court: District Court of Appeal of Florida | Date Filed: 2008-06-10

Citation: 983 So. 2d 717, 2008 WL 2338516

Snippet: neglecting, or exploiting a vulnerable adult. Section 415.1111 provides that "[a] vulnerable adult who has been

Woodruff v. TRG-Harbour House, Ltd.

Court: District Court of Appeal of Florida | Date Filed: 2007-09-12

Citation: 967 So. 2d 248, 2007 Fla. App. LEXIS 14248, 2007 WL 2609464

Snippet: an action for elder abuse pursuant to section 415.1111, Florida Statutes (2005). Counts I and II depend

Knowles v. Beverly Enterprises-Florida

Court: Supreme Court of Florida | Date Filed: 2004-12-16

Citation: 898 So. 2d 1, 2004 WL 2922097

Snippet: or abuse of a vulnerable adult under section 415.1111, Florida Statutes (1997). *10 Thus, section 400

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: a section entitled "Civil Penalties," section 415.1111. This section provides that anyone named as a