Florida Statute 415.1111 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 415.1111

Total Results: 25

Knowles v. Beverly Enterprises-Florida

898 So. 2d 1, 2004 WL 2922097

Supreme Court of Florida | Filed: Dec 16, 2004 | Docket: 1732329

Cited 89 times | Published

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

Haslett v. Broward Health Imperial Point Medical Center

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

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 60256184

Cited 7 times | Published

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

Schwartzberg v. Knobloch

98 So. 3d 173, 2012 Fla. App. LEXIS 14984, 37 Fla. L. Weekly Fed. D 2157

District Court of Appeal of Florida | Filed: Sep 7, 2012 | Docket: 60312197

Cited 7 times | Published

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

Fi-Evergreen Woods, LLC v. Robinson

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

District Court of Appeal of Florida | Filed: Oct 4, 2013 | Docket: 60239567

Cited 6 times | Published

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

Bohannon v. SHANDS TEACHING HOSP.

983 So. 2d 717, 2008 WL 2338516

District Court of Appeal of Florida | Filed: Jun 10, 2008 | Docket: 1684701

Cited 4 times | Published

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

Woodruff v. TRG-Harbour House, Ltd.

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

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 64852750

Cited 4 times | Published

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

Grasso v. Grasso

131 F. Supp. 3d 1303, 2015 U.S. Dist. LEXIS 124535, 2015 WL 5474509

District Court, M.D. Florida | Filed: Sep 17, 2015 | Docket: 64304254

Cited 3 times | Published

abuse, neglect, or exploitation.” Fla. Stat. § 415.1111 (2014). A “vulnerable adult” is defined as a

Mora v. South Broward Hosp. Dist.

710 So. 2d 633, 1998 WL 145077

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 2512046

Cited 3 times | Published

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

FI-Evergreen Woods, LLC v. Estate of Vrastil

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

District Court of Appeal of Florida | Filed: Jul 5, 2013 | Docket: 60233454

Cited 2 times | Published

breach of fiduciary duty, and violations of section 415.1111, Florida Statutes (2010). Appellants moved

Spring Lake NC, LLC v. Figueroa

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

District Court of Appeal of Florida | Filed: Dec 14, 2012 | Docket: 60227366

Cited 2 times | Published

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

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

267 So. 3d 560

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 14830927

Cited 1 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60238324

Cited 1 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60311174

Cited 1 times | Published

(5) the corporate defendants’ violations of section 415.1111, Florida Statutes (2008), exploitation of

Pasquale v. Loving

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

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 60306064

Cited 1 times | Published

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

Fernando Costantini Gomes v. Victor Maniglia

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70740030

Published

complaint seeks punitive damages pursuant to section 415.1111 of the Florida Statutes.1 1 Under the Act

Robert C. Burley, Etc. v. the Village South, Inc., Etc.

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69834274

Published

summary judgment on counts II (violation of section 415.1111) and III (breach of fiduciary duty) on the

INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC., LYRIC HEALTH CARE HOLDINGS I I I, L L C v. THE ESTATE OF CAROL DESANTIS, 703 SOUTH 29TH ST S P E, L L C

District Court of Appeal of Florida | Filed: Mar 19, 2025 | Docket: 69755127

Published

breach of its fiduciary duty and for violating section 415.1111, Florida Statutes (2006).

Lujerio Cordero v. Transamerica Annuity Service

Court of Appeals for the Eleventh Circuit | Filed: Jun 16, 2023 | Docket: 63179641

Published

Argued: Mar 22, 2022

Services Act (“FAPSA”), Florida Statute § 415.1111. This appeal followed the district

Lujerio Cordero v. Transamerica Annuity Service Corporation

Court of Appeals for the Eleventh Circuit | Filed: May 17, 2022 | Docket: 63315512

Published

Adult Protective Services Act, Florida Statute § 415.1111. We defer our decision on this claim. See infra

Lujerio Cordero v. Transamerica Annuity Service Corporation

Court of Appeals for the Eleventh Circuit | Filed: May 17, 2022 | Docket: 63321940

Published

Adult Protective Services Act, Florida Statute § 415.1111. We defer our decision on this claim. See infra

Specialty Hospital-Gainesville, Inc. v. Charles Barth

District Court of Appeal of Florida | Filed: Jul 15, 2019 | Docket: 15916397

Published

Appellee/Cross Appellant Charles Barth damages under section 415.1111, Florida Statutes, which provides a cause

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

257 So. 3d 634

District Court of Appeal of Florida | Filed: Nov 7, 2018 | Docket: 8146140

Published

duty; and count three alleged violations of section 415.1111, Florida Statutes (2016).

Rockledge NH, LLC v. Miley Ex Rel. Miley

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

District Court of Appeal of Florida | Filed: May 19, 2017 | Docket: 6066352

Published

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

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

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

District Court of Appeal of Florida | Filed: Oct 5, 2016 | Docket: 4469184

Published

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

Madonna v. Gaynor ex rel. Gaynor

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

District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60311360

Published

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