Florida Statute 415.113 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 415
ADULT PROTECTIVE SERVICES

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F.S. 415.113

415.113 Statutory construction; treatment by spiritual means.—Nothing in ss. 415.101-415.1115 shall be construed to mean a person is abused, neglected, or in need of emergency or protective services for the sole reason that the person relies upon and is, therefore, being furnished treatment by spiritual means through prayer alone in accordance with the tenets and practices of a well-recognized church or religious denomination or organization; nor shall anything in such sections be construed to authorize, permit, or require any medical care or treatment in contravention of the stated or implied objection of such person. Such construction does not:

(1) Eliminate the requirement that such a case be reported to the department;

(2) Prevent the department from investigating such a case; or

(3) Preclude a court from ordering, when the health of the individual requires it, the provision of medical services by a licensed physician or treatment by a duly accredited practitioner who relies solely on spiritual means for healing in accordance with the tenets and practices of a well-recognized church or religious denomination or organization.

History.—s. 1, ch. 85-143; s. 114, ch. 95-418; s. 43, ch. 2000-349; s. 53, ch. 2016-10.

F.S. 415.113 on Google Scholar

F.S. 415.113 on Casetext

Amendments to 415.113

Arrestable Offenses / Crimes under Fla. Stat. 415.113

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 415.113.

Annotations, Discussions, Cases:

Cases Citing Statute 415.113

Total Results: 13

Specialty Hospital-Gainesville, Inc. v. Charles Barth

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

Snippet: Adult Protective Services Act, Sections 415.101- 415.113, Florida Statutes, by improperly restraining Mr

Carroll v. State

Court: Supreme Court of Florida | Date Filed: 2013-05-15

Citation: 114 So. 3d 883, 38 Fla. L. Weekly Supp. 315, 2013 WL 1976326, 2013 Fla. LEXIS 970

Snippet: referred to clemency as a "fail safe.” Id. at 415, 113 S.Ct. 853.

Johnston v. State

Court: Supreme Court of Florida | Date Filed: 2010-01-21

Citation: 27 So. 3d 11, 35 Fla. L. Weekly Supp. 64, 2010 Fla. LEXIS 62

Snippet: safe' in our criminal justice system." Id. at 415, 113 S.Ct. 853 (quoting Kathleen Dean Moore, Pardons:

Mirabile v. Mirabile

Court: District Court of Appeal of Florida | Date Filed: 2009-02-20

Citation: 2 So. 3d 1117, 2009 Fla. App. LEXIS 3451, 2009 WL 413196

Snippet: Adult Protective Services Act, section 415.101-415.113, Florida Statutes (2006) and awarding actual and

Tenet South Florida Health Systems v. Jackson

Court: District Court of Appeal of Florida | Date Filed: 2008-09-17

Citation: 991 So. 2d 396, 2008 WL 4224382

Snippet: vulnerable person pursuant to sections 415.101-415.113, Florida Statutes (2007), the Adult Protective

Hayes v. Guardianship of Thompson

Court: Supreme Court of Florida | Date Filed: 2006-11-09

Citation: 952 So. 2d 498, 2006 WL 3228916

Snippet: Adult Protective Services Act, sections 415.101-415.113, Florida Statutes (2002), to have Thompson, who

In Re Guardianship of Schiavo

Court: District Court of Appeal of Florida | Date Filed: 2005-09-16

Citation: 932 So. 2d 264, 2005 WL 2248010

Snippet: discontinuing a form of medical treatment because section 415.113 expressly provides that nothing in chapter 415

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-05-01

Snippet: disclosed except as authorized by ss. 415.101-415.113." Likewise, section 415.51(1)(a), Florida Statutes

K.M.T. v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1992-10-22

Citation: 608 So. 2d 865, 1992 Fla. App. LEXIS 11162, 1992 WL 301308

Snippet: Protective Services Act (the Act), sections 415.101-415.113, Florida Statutes (1989), under which she was found

Kmt v. Dept. of H & R Serv.

Court: District Court of Appeal of Florida | Date Filed: 1992-10-22

Citation: 608 So. 2d 865

Snippet: Protective Services Act (the Act), sections 415.101-415.113, Florida Statutes (1989), under which she was found

AMI Anclote Manor Hosp. v. State Ex Rel. Weber

Court: District Court of Appeal of Florida | Date Filed: 1989-10-25

Citation: 553 So. 2d 199, 1989 WL 126666

Snippet: the alleged victims of any abuse. See §§ 415.101-415.113, Fla. Stat. (1987). Accordingly, we hold that respondents

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-10-13

Snippet: the Adult Protective Services Act, ss. 415.101-415.113, F.S., require that alleged abuse, neglect or exploitation

Ago

Court: Florida Attorney General Reports | Date Filed: 1987-05-12

Snippet: The "Adult Protective Services Act," ss. 415.101-415.113, F.S. (1986 Supp.), is intended "to provide for