CopyCited 54 times | Published | Court of Appeals for the Eleventh Circuit | 80 Fed. R. Serv. 3d 749, 2011 U.S. App. LEXIS 18521, 2011 WL 3902998
...SunTrust’s corporate parent, SunTrust Banks, Inc. (“SBI”),3 and SunTrust and
SBI’s President and Chief Executive Officer James M. Wells III. The Original
Complaint stated claims for: (1) financial elder abuse under Florida’s Adult
Protective Services Act, § 415.101; (2) breach of contract; (3) deceit; (4) negligent
misrepresentation; (5) breach of fiduciary duty;4 (6) violation of Regulation Z of
the Truth in Lending Act (“TILA”), 12 C.F.R....
CopyCited 28 times | Published | Florida 3rd District Court of Appeal | 14 Fla. L. Weekly 994, 1989 Fla. App. LEXIS 2120, 1989 WL 39523
...urther harm. As the legislature has clearly stated, "[i]t is intended that the mandatory reporting of such cases will cause the protective services of the state to be brought to bear in an effort to prevent further abuse, neglect, and exploitation." § 415.101, Fla....
CopyCited 3 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 124535, 2015 WL 5474509
...d entitlement to attorney’s fees pursuant to the wrongful act doctrine at trial. B. Exploitation of the Elderly (Count I) In Count I of her Amended Complaint, Olga asserts a claim for exploitation under Florida’s Adult Protective Services Act, §§ 415.101-415.113, Florida Statutes....
...§
415.102(1) (stating that abuse is committed by a “relative, caregiver, or household member”). Furthermore, nothing within the Legislature’s enacted statement of intent indicates actions alleging “exploitation” may only be brought against “caregivers.” §
415.101....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1993 WL 261745
...loits" in the former, can clearly be separated from the remaining provisions with no effect. (2) Accomplishment of legislative purpose. The legislative purpose of the section as well as Chapter 415, the Adult Protective Services Act, is set forth in section 415.101(2)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 3451, 2009 WL 413196
GRIFFIN, J. Joyce M. Mirabile [“Joyce”] appeals the trial court’s entry of final judgment in favor of John L. Mirabile 1 [“John”], finding that Joyce violated Florida’s Adult Protective Services Act, section 415.101-415.113, Florida Statutes (2006) and awarding actual and compensatory damages, pre-judgment interest, costs, and attorney’s fees that totaled $177,494.47....
CopyPublished | Court of Appeals for the Eleventh Circuit
...SunTrust’s corporate parent, SunTrust Banks, Inc. (“SBI”),3 and SunTrust and
SBI’s President and Chief Executive Officer James M. Wells III. The Original
Complaint stated claims for: (1) financial elder abuse under Florida’s Adult
Protective Services Act, § 415.101; (2) breach of contract; (3) deceit; (4) negligent
misrepresentation; (5) breach of fiduciary duty;4 (6) violation of Regulation Z of
the Truth in Lending Act (“TILA”), 12 C.F.R....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 13021, 2001 WL 1048529
...’s guardian that a caregiver role exists. (Emphasis added.) Additionally, the legislature expressed its intent that the Adult Protective Services Act should not interfere with the rights of individuals to make health care decisions for themselves. Section 415.101(2), Florida Statutes (1999), provides that, “the Legislature intends to place the fewest possible restrictions on personal liberty and the exercise of constitutional rights.” As such, the Act should be read narrowly....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 14827
...s
violate public policy).
In enacting the Adult Protective Services Act in chapter 415, the
legislature "recognize[d] that there are many persons in this state who, because of age
or disability, are in need of protective services." § 415.101(2)....
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
persons or disabled adults in need of them." Section
415.101(2), F.S. (1986 Supp.). The act requires the
CopyPublished | District Court, S.D. Florida | 1991 WL 16679
...Specific formal administrative remedies cited by Defendants include: 1) filing grievances with the hospital or HRS on behalf of patients in accordance with HRS regulations, Fla.Admin.Code R. 10E-5.061; 2) reporting abuse pursuant to the Florida Adult Protective Services Act, Fla.Stat. § 415.101, et seq.; and 3) raising the deficiencies in the periodic Baker Act hearings held pursuant to Fla.Stat....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
...ons contained in that chapter. 25 The provisions of Ch. 415 , F.S., relating to abuse, neglect or exploitation of aged persons or disabled adults are, in many respects similar to those contained in Ch. 415 , F.S., relating to child abuse or neglect. Section 415.101 , F.S., provides that it is the intent of the Legislature to provide for the detection and correction of abuse, neglect, and exploitation of aged person and disabled adults through social services and criminal investigations and to es...
