Adult Protective Services Act
Florida · Adult Protective Services · §§ 415.101 to 415.113 · 25 sections
Overview
The act establishes a protective services system for vulnerable adults, including older adults, who may be subject to abuse, abandonment, neglect, or self-neglect. It requires designated professionals to report suspected mistreatment and protects them from employer discrimination for doing so, and it sets out how the responsible agency must investigate, including timelines, a separate track for self-neglect, a final investigative report, a registry, limits on access to records, and training and risk-assessment requirements for staff. It also supplies court mechanisms — proceedings to obtain an order authorizing access to an adult, and ex parte orders authorizing protective services where consent cannot otherwise be given — along with oversight through fatality review teams, an independent monitor, rulemaking authority, and annual reporting.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 14 court decisions.
Most-cited authority: 453 B.R. 832 - Bavelis v. Doukas (In Re Bavelis)
Sections covered
- Fla. Stat. § 415.101Adult Protective Services Act; legislative intent
- Fla. Stat. § 415.102Definitions of terms used in ss. 415.101-415.1132 cites
- Fla. Stat. § 415.103Central abuse hotline
- Fla. Stat. § 415.1034Mandatory reporting of abuse, neglect, or exploitation of vulnerable adults; mandatory reports of death1 cite
- Fla. Stat. § 415.10341Protection of specified adults
- Fla. Stat. § 415.1035Facility’s duty to inform residents of their right to report abusive, neglectful, or exploitive practices
- Fla. Stat. § 415.1036Immunity
- Fla. Stat. § 415.104Protective investigations of cases of abuse, neglect, or exploitation of vulnerable adults; transmittal of records to state attorney1 cite
- Fla. Stat. § 415.1045Photographs, videotapes, and medical examinations; abrogation of privileged communications; confidential records and documents
- Fla. Stat. § 415.105Provision of protective services with consent; withdrawal of consent; interference
- Fla. Stat. § 415.1051Protective services interventions when capacity to consent is lacking; nonemergencies; emergencies; orders; limitations
- Fla. Stat. § 415.1052Interference with investigation or with the provision of protective services
- Fla. Stat. § 415.1055Notification to administrative entities
- Fla. Stat. § 415.106Cooperation by the department and criminal justice and other agencies
- Fla. Stat. § 415.107Confidentiality of reports and records2 cites
- Fla. Stat. § 415.1071Release of confidential information
- Fla. Stat. § 415.1099Court and witness fees not allowed
- Fla. Stat. § 415.1102Adult protection teams
- Fla. Stat. § 415.1103Elder and vulnerable adult abuse fatality review teams
- Fla. Stat. § 415.1105Training programs
- Fla. Stat. § 415.111Criminal penalties1 cite
- Fla. Stat. § 415.1111Civil actions7 cites
- Fla. Stat. § 415.1113Administrative fines for false report of abuse, neglect, or exploitation of a vulnerable adult
- Fla. Stat. § 415.1115Civil actions involving elderly parties; speedy trial
- Fla. Stat. § 415.113Statutory construction; treatment by spiritual means
Enacted in other states
Alabama, Illinois, Louisiana, Maine, New Jersey, New Mexico, Wyoming
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