The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 415
ADULT PROTECTIVE SERVICES

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F.S. 415.105

415.105 Provision of protective services with consent; withdrawal of consent; interference.—

(1) PROTECTIVE SERVICES WITH CONSENT.—If the department determines through its investigation that a vulnerable adult demonstrates a need for protective services or protective supervision, the department shall immediately provide, or arrange for the provision of, protective services or protective supervision, including in-home services, provided that the vulnerable adult consents. A vulnerable adult in need of services as defined in s. 415.102 shall be referred to the community care for disabled adults program, or to the community care for the elderly program administered by the Department of Elderly Affairs.

(2) WITHDRAWAL OF CONSENT.—If the vulnerable adult withdraws consent to the receipt of protective services or protective supervision, the services may not be provided, except pursuant to s. 415.1051.

(3) INTERFERENCE WITH THE PROVISION OF PROTECTIVE SERVICES.—When any person refuses to allow the provision of protective services to a vulnerable adult who has the capacity to consent to services, the department shall petition the court for an order enjoining the person from interfering with the provision of protective services. The petition must allege specific facts sufficient to show that the vulnerable adult is in need of protective services and that the person refuses to allow the provision of such services. If the court finds by clear and convincing evidence that the vulnerable adult is in need of protective services and that the person refuses to allow the provision of such services, the court may issue an order enjoining the person from interfering with the provision of protective services to the vulnerable adult.

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. 31, ch. 86-220; s. 29, ch. 89-294; s. 21, ch. 95-144; s. 37, ch. 95-210; s. 100, ch. 95-418; s. 3, ch. 98-182; s. 33, ch. 2000-349.

F.S. 415.105 on Google Scholar

F.S. 415.105 on Casetext

Amendments to 415.105

Arrestable Offenses / Crimes under Fla. Stat. 415.105

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 415.105.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. Jo McKIM,, 869 So. 2d 760 (Fla. Dist. Ct. App. 2004)

. . . This phrase is used only in section 415.105, which states: (1) PROTECTIVE SERVICES WITH CONSENT. — If . . . or to the community care for the elderly program administered by the Department of Elder Affairs. § 415.105 . . .

BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS, v. HARRIS,, 657 So. 2d 1233 (Fla. Dist. Ct. App. 1995)

. . . The following day, HRS filed a petition seeking protective services for Lynch pursuant to section 415.105 . . . We begin our analysis with subsection 415.105(5) which authorizes HRS to petition the circuit court for . . . Following a preliminary hearing and a review hearing under paragraphs 415.105(5)(e) and (g), the agency . . . may seek the provision of protective services under subsection 415.105(3) which provides: LACK OF CAPACITY . . . We also find support in the provisions of section 415.105. . . .

BREVARD COUNTY, v. DEPARTMENT OF HEALTH REHABILITATIVE SERVICES,, 589 So. 2d 398 (Fla. Dist. Ct. App. 1991)

. . . Section 415.105(3)(a), Florida Statutes (1989) [the protective services statute] provided that “the court . . .

MARION COUNTY, v. JOHNSON,, 586 So. 2d 1163 (Fla. Dist. Ct. App. 1991)

. . . against Indian River County for court-appointed counsel representing a disabled adult ward under section 415.105 . . .

In H. SKINNER, 541 So. 2d 781 (Fla. Dist. Ct. App. 1989)

. . . The State Department of Health and Rehabilitative Services (HRS) filed a petition pursuant to section 415.105 . . . PROTECTIVE SERVICES Section 415.105(3), Florida Statutes, addresses the procedure to determine the need . . .

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

. . . at the 1977 and 1983 deadlines for existing plants (§§ 415.102 and 415.103) and for new sources (§ 415.105 . . . definitions must be reconsidered both as to existing plants (§§ 415.102 and 415.103) and as to new sources (§ 415.105 . . . 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. . . .