415.113 – Statutory Construction; Treatment by Spiritual Means.
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 […]
415.1055 – Notification to Administrative Entities.
415.1055 Notification to administrative entities.— (1) Upon receipt of a report that alleges that an employee or agent of the department, the Agency for Persons with Disabilities, or the Department of Elderly Affairs, acting in an official capacity, has committed an act of abuse, neglect, or exploitation, the department shall notify the state attorney in whose circuit […]
415.106 – Cooperation by the Department and Criminal Justice and Other Agencies.
415.106 Cooperation by the department and criminal justice and other agencies.— (1) All criminal justice agencies have a duty and responsibility to cooperate fully with the department so as to enable the department to fulfill its responsibilities under ss. 415.101-415.113. Such duties include, but are not limited to, forced entry, emergency removal, emergency transportation, and the enforcement […]
415.101 – Adult Protective Services Act; Legislative Intent.
415.101 Adult Protective Services Act; legislative intent.— (1) Sections 415.101-415.113 may be cited as the “Adult Protective Services Act.” (2) The Legislature recognizes that there are many persons in this state who, because of age or disability, are in need of protective services. Such services should allow such an individual the same rights as other citizens and, at […]
415.102 – Definitions of Terms Used in Ss. 415.101-415.113.
415.102 Definitions of terms used in ss. 415.101-415.113.—As used in ss. 415.101-415.113, the term: (1) “Abuse” means any willful act or threatened act by a relative, caregiver, or household member which causes or is likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional health. Abuse includes acts and omissions. (2) “Activities of daily living” […]
415.103 – Central Abuse Hotline.
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 […]
415.1034 – Mandatory Reporting of Abuse, Neglect, or Exploitation of Vulnerable Adults; Mandatory Reports of Death.
415.1034 Mandatory reporting of abuse, neglect, or exploitation of vulnerable adults; mandatory reports of death.— (1) MANDATORY REPORTING.— (a) Any person, including, but not limited to, any: 1. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, paramedic, emergency medical technician, or hospital personnel engaged in the admission, examination, care, or treatment of vulnerable adults; 2. Health professional or mental health […]
415.1035 – Facility’s Duty to Inform Residents of Their Right to Report Abusive, Neglectful, or Exploitive Practices.
415.1035 Facility’s duty to inform residents of their right to report abusive, neglectful, or exploitive practices.—The department shall work cooperatively with the Agency for Health Care Administration, the Agency for Persons with Disabilities, and the Department of Elderly Affairs to ensure that every facility that serves vulnerable adults informs residents of their right to report abusive, […]
415.1036 – Immunity.
415.1036 Immunity.— (1) Any person who participates in making a report under s. 415.1034 or participates in a judicial proceeding resulting therefrom is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from any liability, civil or criminal, that otherwise might be incurred or […]
415.104 – Protective Investigations of Cases of Abuse, Neglect, or Exploitation of Vulnerable Adults; Transmittal of Records to State Attorney.
415.104 Protective investigations of cases of abuse, neglect, or exploitation of vulnerable adults; transmittal of records to state attorney.— (1) The department shall, upon receipt of a report alleging abuse, neglect, or exploitation of a vulnerable adult, begin within 24 hours a protective investigation of the facts alleged therein. If a caregiver refuses to allow the department […]