The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE

Chapter 415
ADULT PROTECTIVE SERVICES

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F.S. 415.113

415.113 Statutory construction; treatment by spiritual means.—Nothing in ss. 415.101-415.1115 shall be construed to mean a person is abused, neglected, or in need of emergency or protective services for the sole reason that the person relies upon and is, therefore, being furnished treatment by spiritual means through prayer alone in accordance with the tenets and practices of a well-recognized church or religious denomination or organization; nor shall anything in such sections be construed to authorize, permit, or require any medical care or treatment in contravention of the stated or implied objection of such person. Such construction does not:

(1) Eliminate the requirement that such a case be reported to the department;

(2) Prevent the department from investigating such a case; or

(3) Preclude a court from ordering, when the health of the individual requires it, the provision of medical services by a licensed physician or treatment by a duly accredited practitioner who relies solely on spiritual means for healing in accordance with the tenets and practices of a well-recognized church or religious denomination or organization.

History.—s. 1, ch. 85-143; s. 114, ch. 95-418; s. 43, ch. 2000-349; s. 53, ch. 2016-10.

F.S. 415.113 on Google Scholar

F.S. 415.113 on Casetext

Amendments to 415.113

Arrestable Offenses / Crimes under Fla. Stat. 415.113

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 415.113.

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, §§ 415.101-415.113 . . .

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 415.101-415.113 . . .

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

. . . statutory duty of care by a healthcare provider to a vulnerable person pursuant to sections 415.101-415.113 . . . 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 the part . . .

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

. . . Children and Families (DCF) filed a petition under the Adult Protective Services Act, sections 415.101-415.113 . . .

In GUARDIANSHIP OF SCHIAVO, v., 932 So. 2d 264 (Fla. Dist. Ct. App. 2005)

. . . This is particularly true of an order discontinuing a form of medical treatment because section 415.113 . . .

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

. . . reversed because the 1989 version of the Adult Protective Services Act (the Act), sections 415.101-415.113 . . .

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). . . .

CHEMICAL MANUFACTURERS ASSOCIATION v. NATURAL RESOURCES DEFENSE COUNCIL, INC. ET AL., 470 U.S. 116 (U.S. 1985)

. . . providing for FDF variances from BPT standards), with 40 CFR §§415.13, 415.23, 415.33, 415.43, 415.53, 415.113 . . .