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Florida Statute 415.111 | Lawyer Caselaw & Research
F.S. 415.111 Case Law from Google Scholar
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The 2023 Florida Statutes (including 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.

F.S. 415.111 on Google Scholar

F.S. 415.111 on Casetext

Amendments to 415.111


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



Annotations, Discussions, Cases:

Cases from cite.case.law:

HASLETT, v. BROWARD HEALTH IMPERIAL POINT MEDICAL CENTER M. D., 197 So. 3d 124 (Fla. Dist. Ct. App. 2016)

. . . Secondly, it alleged a cause of action for abuse of a vulnerable adult pursuant to section 415.111, Florida . . .

MARTIN, II, v. WOOD,, 648 F. App'x 911 (11th Cir. 2016)

. . . . §§ 415.111(1), 415.1034(1)(a)(5). . . . Stat. §§ 415.1034(l)(a)(5), 415.111, 415.1111, he was entitled to civil relief as a result. . . . willfully fails to report a case of known or suspected abuse may be subject to criminal penalties, id. § 415.111 . . .

A. POTTER, Jr. v. UNITED STATES,, 124 Fed. Cl. 469 (Fed. Cl. 2015)

. . . Subsection 415.111 S. 775.083 or S. 775.082”; violation of "health care surrogate subsection 765-201- . . .

CHAPPELLE, v. SOUTH FLORIDA GUARDIANSHIP PROGRAM, INC., 169 So. 3d 291 (Fla. Dist. Ct. App. 2015)

. . . The complaint alleged counts for: (1) elderly exploitation pursuant to section 415.111, Florida Statutes . . .

E. TARDIF, Jr. v. PEOPLE FOR ETHICAL TREATMENT OF ANIMALS, a, 829 F. Supp. 2d 1219 (M.D. Fla. 2011)

. . . . § 415.107(3), (6), 415.111(2) (reports of vulnerable adult abuse); Fla. . . .

E. BRAKE, Jr. v. STATE, 746 So. 2d 527 (Fla. Dist. Ct. App. 1999)

. . . State, 639 So.2d 22 (Fla.1994), our supreme court held that the term “illegal use” in section 415.111 . . .

MORA, v. SOUTH BROWARD HOSPITAL DISTRICT, 710 So. 2d 633 (Fla. Dist. Ct. App. 1998)

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

AYRES, v. STATE, 708 So. 2d 318 (Fla. Dist. Ct. App. 1998)

. . . In this case, Ayres was charged with exploitation of the elderly, a violation of section 415.111(5), . . . hearing held on August 15, 1994, the public defender moved to withdraw Ayres’ plea because section 415.111 . . .

TACCARIELLO, v. STATE, 692 So. 2d 231 (Fla. Dist. Ct. App. 1997)

. . . Fla. 4th DCA 1995), we reversed the convictions for exploitation of the elderly pursuant to section 415.111 . . .

MICKLER, v. STATE, 682 So. 2d 607 (Fla. Dist. Ct. App. 1996)

. . . Section 415.111(3), Florida Statutes (1989). . . .

STARLING, v. STATE, 677 So. 2d 4 (Fla. Dist. Ct. App. 1996)

. . . the exploitation charge because the statute that Starling had been prosecuted on previously, section 415.111 . . . Starling never deposited any of her money into the account. . § 415.111(5), Fla.Stat. (1991). . § 812.014 . . .

JAMES, v. STATE, 668 So. 2d 1072 (Fla. Dist. Ct. App. 1996)

. . . The appellant pled guilty to the charges of exploitation of an aged person in violation of section 415.111 . . .

TACCARIELLO, v. STATE, 664 So. 2d 1118 (Fla. Dist. Ct. App. 1995)

. . . section 817.034(4)(a)(2), Florida Statutes, and exploitation of the elderly in violation of section 415.111 . . . the convictions for both grand theft and fraud violate double jeopardy prohibitions; and (3) section 415.111 . . . We find that appellant’s conviction under section 415.111(5), Florida Statutes (1991), requires reversal . . . therefore compelled to reverse appellant’s convictions for exploitation of the elderly pursuant to section 415.111 . . . with directions that the trial court dismiss the charges brought against appellant pursuant to section 415.111 . . .

WILLIAMS, v. STATE, 659 So. 2d 366 (Fla. Dist. Ct. App. 1995)

. . . We review Williams’ appeal from conviction of exploitation of an aged person pursuant to section 415.111 . . . We reverse the appellant’s conviction for violation of section 415.111(5) and vacate the sentence therefor . . . In light of our reversal of appellant’s conviction under section 415.111(5), Florida Statutes, appellant . . .

GARCIA, v. STATE, 651 So. 2d 1300 (Fla. Dist. Ct. App. 1995)

. . . and sentence imposed for exploitation of an aged person and disabled adult, in violation of section 415.111 . . . On June 30, 1994, the supreme court found section 415.111(5) to be unconstitutionally vague. . . .

DERANGER, a k a v. STATE, 652 So. 2d 400 (Fla. Dist. Ct. App. 1995)

. . . and sentences for three counts of grand theft and for exploitation of an aged person under section 415.111 . . . The supreme court has recently held section 415.111(5), Florida Statutes (1991), unconstitutionally vague . . .

WARE, v. STATE, 652 So. 2d 402 (Fla. Dist. Ct. App. 1995)

. . . Robert Lane Ware appeals his convictions for exploitation of an aged person, as proscribed by section 415.111 . . .

KING, Sr. v. STATE, 642 So. 2d 1206 (Fla. Dist. Ct. App. 1994)

. . . Appellant’s conviction, vacate the sentence, and remand with directions that he be discharged under section 415.111 . . .

STATE v. J. ROQUE,, 640 So. 2d 97 (Fla. Dist. Ct. App. 1994)

. . . Pridgeon, 158 Fla. 737, 30 So.2d 102 (1947), and concluded that Section 415.111(5) was unconstitutional . . .

CUDA, v. STATE, 639 So. 2d 22 (Fla. 1994)

. . . .2d 502 (Fla. 5th DCA 1993), in which the Fifth District Court of Appeal expressly declared section 415.111 . . . Chrysler Corp., 397 So.2d 1187, 1190 (Fla. 4th DCA 1981), the use of the word “illegal” in section 415.111 . . . Further, section 415.111(5) also suffers from the same constitutional infirmities noted by this Court . . . However, there are critical differences between those statutes and section 415.111(5). . . . Therefore, we find section 415.111(5) to be unconstitutionally vague. . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE RE SENTENCING GUIDELINES, 628 So. 2d 1084 (Fla. 1993)

. . . Thefts, forgery, fraud: Sections 192.037 and 206.56, chapters 322 and 409, section 370.142, section 415.111 . . .

STATE v. CUDA a k a A., 622 So. 2d 502 (Fla. Dist. Ct. App. 1993)

. . . appeals because they have as a common issue the determination by the respective trial courts that section 415.111 . . . following statutory provisions that were considered by the trial courts in the instant cases: Section 415.111 . . . The only reported case construing section 415.111(5) is a recent Second District case. In State v. . . . We view the use of the word “illegal” in section 415.111(5) in the same manner and hold that one who . . . We apply the Cramp test to section 415.111(5): (1) Separation of unconstitutional provisions from the . . .

REPUBLIC NATIONAL BANK OF MIAMI, v. JOHNSON, By GUARDIANSHIP PROGRAM OF DADE COUNTY, INC., 622 So. 2d 1015 (Fla. Dist. Ct. App. 1993)

. . . . § 415.111(1). . . .

STATE v. BETANCOURT,, 616 So. 2d 82 (Fla. Dist. Ct. App. 1993)

. . . question charged Carlos Betancourt with abuse, neglect, or torture of an aged person, contrary to section 415.111 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- SENTENCING GUIDELINES RULES, 613 So. 2d 1307 (Fla. 1993)

. . . Thefts, forgery, fraud: Sections 192.037 and 206.56, chapters 322 and 409, section 370.142, section 415.111 . . .

STATE v. DYER, 607 So. 2d 482 (Fla. Dist. Ct. App. 1992)

. . . defendants were charged with grand theft and financial exploitation of an aged person pursuant to section 415.111 . . . Section 415.111(5) states: A person who knowingly or willfully exploits an aged person or disabled adult . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . Thefts, forgery, fraud: Sections 192.037 and 206.56, chapters 322 and 409, section 370.142, section 415.111 . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- SENTENCING GUIDELINES RULES, 589 So. 2d 271 (Fla. 1991)

. . . Thefts, forgery, fraud: Sections 192,037 and 206.56, Cchapters 322 and 409, section 370.142, section 415.111 . . .

STATE OF FLORIDA v. WASHINGTON, 46 Fla. Supp. 2d 28 (Fla. Cir. Ct. 1991)

. . . charging him with knowingly and willfully neglecting or exploiting an aged person in violation of § 415.111 . . . The effective date of § 415.111(4) was October 1, 1986. . . . This criminal statute, like § 415.111(4) seeks to protect the elderly from the willful abuse, neglect . . . or exploitation by others, although its scope is broader than §415.111(4) and its penal consequence . . . is more severe than § 415.111(4). . . .

FLORIDA RULES OF CRIMINAL PROCEDURE RE SENTENCING GUIDELINES RULES AND, 576 So. 2d 1307 (Fla. 1991)

. . . Chapter 810 and subsection 806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322 and 409, section 415.111 . . .

In FLORIDA RULES OF CRIMINAL PROCEDURE AND SENTENCING GUIDELINES, 566 So. 2d 770 (Fla. 1990)

. . . Chapter 810 and subsection 806.13(3) Category 6: Thefts, forgery, fraud: Chapters 322 and 409, section 415.111 . . .