The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 415
ADULT PROTECTIVE SERVICES

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F.S. 415.103

415.103 Central abuse hotline.—

(1) The department shall establish and maintain a central abuse hotline that receives all reports made pursuant to s. 415.1034 in writing or through a single statewide toll-free telephone number. Any person may use the statewide toll-free telephone number to report known or suspected abuse, neglect, or exploitation of a vulnerable adult at any hour of the day or night, any day of the week. The central abuse hotline must be operated in such a manner as to enable the department to:

(a) Accept reports for investigation when there is a reasonable cause to suspect that a vulnerable adult has been or is being abused, neglected, or exploited.

(b) Determine whether the allegations made by the reporter require an immediate, 24-hour, or next-working-day response priority.

(c) When appropriate, refer calls that do not allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations that might better resolve the reporter’s concerns.

(d) Immediately identify and locate prior reports of abuse, neglect, or exploitation through the central abuse hotline.

(e) Track critical steps in the investigative process to ensure compliance with all requirements for all reports.

(f) Maintain data to facilitate the production of aggregate statistical reports for monitoring patterns of abuse, neglect, or exploitation.

(g) Serve as a resource for the evaluation, management, and planning of preventive and remedial services for vulnerable adults who have been subject to abuse, neglect, or exploitation.

(2) Upon receiving an oral or written report of known or suspected abuse, neglect, or exploitation of a vulnerable adult, the central abuse hotline must determine if the report requires an immediate onsite protective investigation. For reports requiring an immediate onsite protective investigation, the central abuse hotline must immediately notify the department’s designated protective investigative district staff responsible for protective investigations to ensure prompt initiation of an onsite investigation. For reports not requiring an immediate onsite protective investigation, the central abuse hotline must notify the department’s designated protective investigative district staff responsible for protective investigations in sufficient time to allow for an investigation to be commenced within 24 hours. At the time of notification of district staff with respect to the report, the central abuse hotline must also provide any known information on any previous report concerning a subject of the present report or any pertinent information relative to the present report or any noted earlier reports. If the report is of known or suspected abuse of a vulnerable adult by someone other than a relative, caregiver, or household member, the report shall be immediately transferred to the appropriate county sheriff’s office.

(3) The department shall set standards, priorities, and policies to maximize the efficiency and effectiveness of the central abuse hotline.

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. 67, ch. 86-163; s. 29, ch. 86-220; s. 30, ch. 87-238; s. 16, ch. 88-337; s. 27, ch. 89-294; s. 2, ch. 90-50; s. 45, ch. 90-306; s. 2, ch. 91-57; s. 14, ch. 91-71; s. 36, ch. 95-210; s. 95, ch. 95-418; s. 27, ch. 2000-349; s. 3, ch. 2010-31.

F.S. 415.103 on Google Scholar

F.S. 415.103 on Casetext

Amendments to 415.103

Arrestable Offenses / Crimes under Fla. Stat. 415.103

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 415.103.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BOHANNON, W. W. Jr. A. v. SHANDS TEACHING HOSPITAL AND CLINICS, INC. a, 983 So. 2d 717 (Fla. Dist. Ct. App. 2008)

. . . agreement or understanding with him that a caregivers [sic] role existed as the term is defined in Section 415.103 . . .

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

. . . The HRS order allowed his name to be placed on the state’s abuse registry pursuant to section 415.103 . . .

NICKENS v. FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 633 So. 2d 1160 (Fla. Dist. Ct. App. 1994)

. . . See § 415.103(3)(e)2., Fla.Stat. (1989). . . . However, through the course of revisions in 1990 and 1991, section 415.103 was amended to delete the . . . See § 415.103(3)(c)2., Fla.Stat. (1991). . . . See § 415.103(3)©, Fla.Stat. . . . They emphasize that under subsection 415.103(3)©, the record will remain in the Department files for . . .

REPUBLIC NATIONAL BANK OF MIAMI, v. JOHNSON, By GUARDIANSHIP PROGRAM OF DADE COUNTY, INC., 622 So. 2d 1015 (Fla. Dist. Ct. App. 1993)

. . . .” § 415.103(l)(a)(7), Fla.Stat. (1991) (emphasis added). Failure to report is a misdemeanor. . . .

E. V. SR. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 615 So. 2d 251 (Fla. Dist. Ct. App. 1993)

. . . Pursuant to Section 415.103, Florida Statutes (Supp.1990), HRS establishes and maintains a central abuse . . .

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

. . . HRS responds that its compliance with its statutory duty under section 415.103(3), Florida Statutes ( . . . Section 415.103(3)(c), Florida Statutes (1989), provided that, upon completion of the investigation of . . . See §§ 415.103(3)(c)2, 415.-104(2), Fla.Stat. (1990 Supp.). . . . On or about August 1, 1990, the amended version of section 415.103 took effect, which eliminated the . . . Sections 415.103(3)(c)2 and 415.104(2), Florida Statutes (1990 Supp.), provide that a report shall not . . .

JETT, v. STATE, 605 So. 2d 926 (Fla. Dist. Ct. App. 1992)

. . . . §§ 415.103; 415.504, Fla.Stat. (1989). . §§ 415.109; 415.512, Fla.Stat. (1989). . . . .

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

. . . approved the investigator’s referral report and placed B.B.A. on its central abuse registry under Section 415.103 . . . The procedures for conducting an investigation of a report of abuse are provided for in Section 415.103 . . .

B. B. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 542 So. 2d 1362 (Fla. Dist. Ct. App. 1989)

. . . identified B.B. as the abuser, and placed the report in its abuse registry maintained pursuant to section 415.103 . . .

E. I. PONT NEMOURS COMPANY v. E. TRAIN,, 541 F.2d 1018 (4th Cir. 1976)

. . . regulations provide for no discharges at the 1977 and 1983 deadlines for existing plants (§§ 415.102 and 415.103 . . . acid, that the waste water definitions must be reconsidered both as to existing plants (§§ 415.102 and 415.103 . . . Sections 415.102, 415.103 and 415.105 are set aside and remanded for reconsideration. (6) Sodium Carbonate . . . Nitric Acid 415.102— 1977 step. 415.103— 1983 step. 415.105 — New sources. . . .