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Florida Statute 415.101 | Lawyer Caselaw & Research
F.S. 415.101 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 415.101

The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE
Chapter 415
ADULT PROTECTIVE SERVICES
View Entire Chapter
F.S. 415.101
415.101 Adult Protective Services Act; legislative intent.
(1) Sections 415.101-415.113 may be cited as the “Adult Protective Services Act.”
(2) The Legislature recognizes that there are many persons in this state who, because of age or disability, are in need of protective services. Such services should allow such an individual the same rights as other citizens and, at the same time, protect the individual from abuse, neglect, and exploitation. It is the intent of the Legislature to provide for the detection and correction of abuse, neglect, and exploitation through social services and criminal investigations and to establish a program of protective services for all vulnerable adults in need of them. It 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 of vulnerable adults. In taking this action, the Legislature intends to place the fewest possible restrictions on personal liberty and the exercise of constitutional rights, consistent with due process and protection from abuse, neglect, and exploitation. Further, the Legislature intends to encourage the constructive involvement of families in the care and protection of vulnerable adults.
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. 61, ch. 85-81; s. 27, ch. 86-220; s. 93, ch. 95-418; s. 1, ch. 2010-31.

F.S. 415.101 on Google Scholar

F.S. 415.101 on Casetext

Amendments to 415.101


Arrestable Offenses / Crimes under Fla. Stat. 415.101
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 415.101.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MARTIN, II, v. WOOD,, 648 F. App'x 911 (11th Cir. 2016)

. . . . §§ 415.101-415.113 — against Michael Wood in his official capacity as sheriff of Leon County, Florida . . .

T. GRASSO, v. GRASSO, 131 F. Supp. 3d 1303 (M.D. Fla. 2015)

. . . Complaint, Olga asserts a claim for exploitation under Florida’s Adult Protective Services Act, §§ 415.101 . . . statement of intent indicates actions alleging “exploitation” may only be brought against “caregivers.” § 415.101 . . .

E. KRINSK, v. SUNTRUST BANKS, INC. a, 654 F.3d 1194 (11th Cir. 2011)

. . . Complaint stated claims for: (1) financial elder abuse under Florida’s Adult Protective Services Act, § 415.101 . . .

MIRABILE, v. J. MIRABILE,, 2 So. 3d 1117 (Fla. Dist. Ct. App. 2009)

. . . Mirabile [“John”], finding that Joyce violated Florida’s Adult Protective Services Act, section 415.101 . . .

TENET SOUTH FLORIDA HEALTH SYSTEMS d b a v. B. JACKSON,, 991 So. 2d 396 (Fla. Dist. Ct. App. 2008)

. . . of the statutory duty of care by a healthcare provider to a vulnerable person pursuant to sections 415.101 . . . neglect of a vulnerable person by a caregiver pursuant to the Adult Protective Services Act, see §§ 415.101 . . . not required. ■ Petition for writ of certiorari granted. . 415.102 Definition of terms used in ss. 415.101 . . . -415.113. — As used in ss. 415.101-415.113, the term: (15) "Neglect” means the failure or omission on . . .

F. HAYES, Jr. v. GUARDIANSHIP OF E. THOMPSON,, 952 So. 2d 498 (Fla. 2006)

. . . Department of Children and Families (DCF) filed a petition under the Adult Protective Services Act, sections 415.101 . . .

FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, v. SUN- SENTINEL, INC., 865 So. 2d 1278 (Fla. 2004)

. . . providing vulnerable adults and children of this state with the protections enumerated in ss. 39.001 and 415.101 . . .

DUFRESNE, v. STATE, 826 So. 2d 272 (Fla. 2002)

. . . See §§ 415.101 — .113, Fla. Stat. (Supp.1998). . . . .

S. S. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 805 So. 2d 879 (Fla. Dist. Ct. App. 2001)

. . . Section 415.101(2), Florida Statutes (1999), provides that, “the Legislature intends to place the fewest . . .

A. O. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 696 So. 2d 1358 (Fla. Dist. Ct. App. 1997)

. . . .” § 415.101(2), Fla. Stat. (1993). . . .

STATE v. CUDA a k a A., 622 So. 2d 502 (Fla. Dist. Ct. App. 1993)

. . . purpose of the section as well as Chapter 415, the Adult Protective Services Act, is set forth in section 415.101 . . .

K. M. T. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 608 So. 2d 865 (Fla. Dist. Ct. App. 1992)

. . . must be reversed because the 1989 version of the Adult Protective Services Act (the Act), sections 415.101 . . .

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. GAINESVILLE SUN PUBLISHING CO., 582 So. 2d 725 (Fla. Dist. Ct. App. 1991)

. . . the actions of [HRS] in providing ... children of this state with the protections enumerated in ss. 415.101 . . .

B. B. A. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 581 So. 2d 955 (Fla. Dist. Ct. App. 1991)

. . . In this case involving the application of the Adult Protective Services Act (Sections 415.101-.113, Florida . . .

GONZALEZ, E. B. G. G. G. L. M. W. By L. v. MARTINEZ, L. R. J., 756 F. Supp. 1533 (S.D. Fla. 1991)

. . . . § 415.101, et seq.; and 3) raising the deficiencies in the periodic Baker Act hearings held pursuant . . .

AMI ANCLOTE MANOR HOSPITAL, A. Jr. AMI v. STATE WEBER, H., 553 So. 2d 199 (Fla. Dist. Ct. App. 1989)

. . . See §§ 415.101-415.113, Fla.Stat. (1987). . . .

S. M. FISCHER, A. M. v. G. W. METCALF, M. D., 543 So. 2d 785 (Fla. Dist. Ct. App. 1989)

. . . .” § 415.101, Fla.Stat. (1983). . . .