Florida Statute 415.111 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 415
ADULT PROTECTIVE SERVICES

View Entire Chapter

F.S. 415.111

415.111 Criminal penalties.—

(1) A person who knowingly and willfully fails to report a case of known or suspected abuse, neglect, or exploitation of a vulnerable adult, or who knowingly and willfully prevents another person from doing so, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person who knowingly and willfully makes public or discloses any confidential information contained in the central abuse hotline, or in other computer systems, or in the records of any case of abuse, neglect, or exploitation of a vulnerable adult, except as provided in ss. 415.101-415.113, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A person who has custody of records and documents the confidentiality of which is abrogated under s. 415.1045(3) and who refuses to grant access to such records commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4) If the department or its authorized agent has determined after its investigation that a report is false, the department shall, with the consent of the alleged perpetrator, refer the reports to the local law enforcement agency having jurisdiction for an investigation to determine whether sufficient evidence exists to refer the case for prosecution for filing a false report as defined in s. 415.102. During the pendency of the investigation by the local law enforcement agency, the department must notify the local law enforcement agency of, and the local law enforcement agency must respond to, all subsequent reports concerning the same vulnerable adult in accordance with s. 415.104 or s. 415.1045. If the law enforcement agency believes that there are indicators of abuse, neglect, or exploitation, it must immediately notify the department, which must assure the safety of the vulnerable adult. If the law enforcement agency finds sufficient evidence for prosecution for filing a false report, it must refer the case to the appropriate state attorney for prosecution.

(5) A person who knowingly and willfully makes a false report of abuse, neglect, or exploitation of a vulnerable adult, or a person who advises another to make a false report, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(a) The department shall establish procedures for determining whether a false report of abuse, neglect, or exploitation of a vulnerable adult has been made and for submitting all identifying information relating to such a false report to the local law enforcement agency as provided in this subsection and shall report annually to the Legislature the number of reports referred.

(b) Anyone making a report who is acting in good faith is immune from any liability under this subsection.

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. 36, ch. 86-220; s. 19, ch. 88-337; s. 1, ch. 89-322; s. 49, ch. 90-306; s. 5, ch. 91-57; s. 16, ch. 91-71; s. 250, ch. 91-224; s. 1, ch. 91-258; s. 4, ch. 95-140; s. 20, ch. 95-158; s. 111, ch. 95-418; s. 7, ch. 96-293; s. 2, ch. 98-111; s. 10, ch. 98-182; s. 40, ch. 2000-349; s. 4, ch. 2002-70.

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Amendments to 415.111

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 415.111

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

S415.111 1 - CRIMES AGAINST PERSON - FAIL REPORT ABUSE NEGLECT OF VULNERABLE ADULT - M: S

S415.111 2 - INVADE PRIVACY - DISCLOSE CONFIDENTIAL INFO FROM ABUSE HOTLINE - M: S

S415.111 3 - PUBLIC ORDER CRIMES - REFUSE ACCESS ABROGATED CONFIDENTIAL RECORD - M: S

S415.111 4 - MAKING FALSE REPORT - RENUMBERED. SEE REC #7136 - F: T

S415.111 5 - MAKING FALSE REPORT - OF ABUSE OF VULNERABLE ADULT - F: T

S415.111 5 - MAKING FALSE REPORT - ABUSE NEGLECT EXPLOIT VULNERABLE ADULT - F: T

S415.111 5a - ASSAULT - REMOVED - M: F

S415.111 5b - BATTERY - REMOVED - F: T

S415.111 5c - AGGRAV ASSLT - WEAPON - REMOVED - F: S

S415.111 5d - AGGRAV BATTERY - REMOVED - F: F

Cases Citing Statute 415.111

Total Results: 29

Cuda v. State

639 So. 2d 22, 1994 WL 286348

Supreme Court of Florida | Filed: Jun 30, 1994 | Docket: 1712651

Cited 15 times | Published

District Court of Appeal expressly declared section 415.111(5), Florida Statutes (1991), valid. We have

Mickler v. State

682 So. 2d 607, 1996 WL 625399

District Court of Appeal of Florida | Filed: Oct 30, 1996 | Docket: 1681029

Cited 9 times | Published

C.J., and WHATLEY, J., concur. NOTES [1] Section 415.111(3), Florida Statutes (1989).

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

56, chapters 322 and 409, section 370.142, section 415.111, chapter 443, section 493.3175, sections 494

Haslett v. Broward Health Imperial Point Medical Center

197 So. 3d 124, 2016 Fla. App. LEXIS 11105, 2016 WL 3913368

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 60256184

Cited 7 times | Published

for abuse of a vulnerable adult pursuant to section 415.111, Florida Statutes (2010). It alleged that Dr

Taccariello v. State

664 So. 2d 1118, 1995 WL 733378

District Court of Appeal of Florida | Filed: Dec 13, 1995 | Docket: 1229550

Cited 5 times | Published

exploitation of the elderly in violation of section 415.111(5), Florida Statutes (1991). The cases were

Dorothy Chappelle, Calvin Johnson and Evelyn Williams v. South Florida Guardianship Program, Inc.

169 So. 3d 291, 2015 Fla. App. LEXIS 11077, 2015 WL 4461097

District Court of Appeal of Florida | Filed: Jul 22, 2015 | Docket: 2679183

Cited 4 times | Published

for: (1) elderly exploitation pursuant to section 415.111, Florida Statutes, and fraud agaipst the defendants;

Brake v. State

746 So. 2d 527, 1999 WL 1128789

District Court of Appeal of Florida | Filed: Dec 10, 1999 | Docket: 784909

Cited 3 times | Published

court held that the term "illegal use" in section 415.111(5), which made it a third-degree felony to

Mora v. South Broward Hosp. Dist.

710 So. 2d 633, 1998 WL 145077

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 2512046

Cited 3 times | Published

Rather, misdemeanor penalties are provided in section 415.111 for violation of the mandatory reporting requirements

Deranger v. State

652 So. 2d 400, 1995 WL 59618

District Court of Appeal of Florida | Filed: Feb 15, 1995 | Docket: 1518040

Cited 3 times | Published

and for exploitation of an aged person under section 415.111(5), Florida Statutes (1991). We reverse the

State v. Cuda

622 So. 2d 502, 1993 WL 261745

District Court of Appeal of Florida | Filed: Jul 16, 1993 | Docket: 546864

Cited 1 times | Published

determination by the respective trial courts that section 415.111(5), Florida Statutes (1991), is unconstitutionally

State v. Betancourt

616 So. 2d 82, 1993 WL 72232

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 2547368

Cited 1 times | Published

or torture of an aged person, contrary to section 415.111(3), Florida Statutes (1991). Count II alleged

State v. Dyer

607 So. 2d 482, 1992 WL 301838

District Court of Appeal of Florida | Filed: Oct 23, 1992 | Docket: 53642

Cited 1 times | Published

exploitation of an aged person pursuant to section 415.111(5), Florida Statutes (1991). The trial court

Robert C. Burley, Etc. v. the Village South, Inc., Etc.

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69834274

Published

alleging wrongful death (Count I), violation of section 415.111, Florida Statutes (protecting vulnerable adults)

Specialty Hospital-Gainesville, Inc. v. Charles Barth

District Court of Appeal of Florida | Filed: Jul 15, 2019 | Docket: 15916397

Published

to law enforcement could be charged under section 415.111, Florida Statutes. We therefore reverse

Ayres v. State

708 So. 2d 318, 1998 Fla. App. LEXIS 2431, 1998 WL 107265

District Court of Appeal of Florida | Filed: Mar 13, 1998 | Docket: 64779872

Published

exploitation of the elderly, a violation of section 415.111(5), Florida Statutes. On January 17, 1992,

Taccariello v. State

692 So. 2d 231, 1997 Fla. App. LEXIS 3942, 22 Fla. L. Weekly Fed. D 955

District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 64772614

Published

for exploitation of the elderly pursuant to section 415.111, Flori*232da Statutes (1991)1, and remanded

Starling v. State

677 So. 2d 4, 1996 Fla. App. LEXIS 5932, 1996 WL 302356

District Court of Appeal of Florida | Filed: Jun 7, 1996 | Docket: 64766214

Published

Starling had been prosecuted on previously, section 415.111, Florida Statutes, was declared unconstitutionally

James v. State

668 So. 2d 1072, 1996 Fla. App. LEXIS 1604, 1996 WL 82770

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762750

Published

exploitation of an aged person in violation of section 415.111, Florida Statutes (1991). At the same time

Williams v. State

659 So. 2d 366, 1995 Fla. App. LEXIS 7107, 1995 WL 363382

District Court of Appeal of Florida | Filed: Jun 20, 1995 | Docket: 64758335

Published

exploitation of an aged person pursuant to section 415.111(5), Florida Statutes, and from convictions

Garcia v. State

651 So. 2d 1300, 1995 Fla. App. LEXIS 2634, 1995 WL 111245

District Court of Appeal of Florida | Filed: Mar 17, 1995 | Docket: 64755056

Published

person and disabled adult, in violation of section 415.111(5), Florida Statutes (1991). On June 30, 1994

Ware v. State

652 So. 2d 402, 1995 Fla. App. LEXIS 1306, 1995 WL 59629

District Court of Appeal of Florida | Filed: Feb 15, 1995 | Docket: 64755133

Published

exploitation of an aged person, as proscribed by section 415.111(5), Florida Statutes (1991), and grand theft

King v. State

642 So. 2d 1206, 1994 Fla. App. LEXIS 9572, 1994 WL 540672

District Court of Appeal of Florida | Filed: Oct 6, 1994 | Docket: 64751048

Published

with directions that he be discharged under section 415.111, Florida Statutes (1991). Cuda, v. State, 639

State v. Roque

640 So. 2d 97, 1994 Fla. App. LEXIS 6896, 1994 WL 330174

District Court of Appeal of Florida | Filed: Jul 12, 1994 | Docket: 64749890

Published

737, 30 So.2d 102 (1947), and concluded that Section 415.111(5) was unconstitutional because it was more

Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines

628 So. 2d 1084, 18 Fla. L. Weekly Supp. 617, 1993 Fla. LEXIS 1928, 1993 WL 490876

Supreme Court of Florida | Filed: Nov 30, 1993 | Docket: 64744908

Published

56, chapters 322 and 409, section 370.142, section 415.111, chapter 443, section 493.3175, sections 494

Republic National Bank of Miami v. Johnson ex rel. Guardianship Program of Dade County, Inc.

622 So. 2d 1015, 20 U.C.C. Rep. Serv. 2d (West) 1300, 1993 Fla. App. LEXIS 6442, 1993 WL 205505

District Court of Appeal of Florida | Filed: Jun 15, 1993 | Docket: 64698228

Published

added). Failure to report is a misdemeanor. Id. § 415.111(1). It is now the obligation of banks, savings

Amendments to Florida Rules of Criminal Procedure

613 So. 2d 1307, 18 Fla. L. Weekly Supp. 113, 1993 Fla. LEXIS 172, 1993 WL 32299

Supreme Court of Florida | Filed: Feb 11, 1993 | Docket: 64694361

Published

56, chapters 322 and 409, section 370.142, section 415.111, chapter 443, section 493.3175, sections 494

In re Amendments to Florida Rules of Criminal Procedure-sentencing Guidelines (rules 3.701 & 3.988)

589 So. 2d 271, 16 Fla. L. Weekly Supp. 725, 1991 Fla. LEXIS 1914, 1991 WL 236191

Supreme Court of Florida | Filed: Nov 7, 1991 | Docket: 64663082

Published

56, Cchapters 322 and 409, section 370.142, section 415.111, chapter 443, section 493.3175, sections 494

Florida Rules of Criminal Procedure re: Sentencing Guidelines

576 So. 2d 1307, 16 Fla. L. Weekly Supp. 198, 1991 Fla. LEXIS 411, 1991 WL 28402

Supreme Court of Florida | Filed: Mar 7, 1991 | Docket: 64657567

Published

Thefts, forgery, fraud: Chapters 322 and 409, section 415.111, chapter 443, section 493.3175, and chapters

In re Florida Rules of Criminal Procedure 3.701 & 3.988

566 So. 2d 770, 15 Fla. L. Weekly Supp. 458, 1990 Fla. LEXIS 1847, 1990 WL 130217

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 64652923

Published

Thefts, forgery, fraud: Chapters 322 and 409, section 415.111, chapter 443, section 493.3175, and chapters