Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 415.1111 | Lawyer Caselaw & Research
F.S. 415.1111 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 415.1111

The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE
Chapter 415
ADULT PROTECTIVE SERVICES
View Entire Chapter
F.S. 415.1111
415.1111 Civil actions.A vulnerable adult who has been abused, neglected, or exploited as specified in this chapter has a cause of action against any perpetrator and may recover actual and punitive damages for such abuse, neglect, or exploitation. The action may be brought by the vulnerable adult, or that person’s guardian, by a person or organization acting on behalf of the vulnerable adult with the consent of that person or that person’s guardian, or by the personal representative of the estate of a deceased victim without regard to whether the cause of death resulted from the abuse, neglect, or exploitation. The action may be brought in any court of competent jurisdiction to enforce such action and to recover actual and punitive damages for any deprivation of or infringement on the rights of a vulnerable adult. A party who prevails in any such action may be entitled to recover reasonable attorney’s fees, costs of the action, and damages. The remedies provided in this section are in addition to and cumulative with other legal and administrative remedies available to a vulnerable adult. Notwithstanding the foregoing, any civil action for damages against any licensee or entity who establishes, controls, conducts, manages, or operates a facility licensed under part II of chapter 400 relating to its operation of the licensed facility shall be brought pursuant to s. 400.023, or against any licensee or entity who establishes, controls, conducts, manages, or operates a facility licensed under part I of chapter 429 relating to its operation of the licensed facility shall be brought pursuant to s. 429.29. Such licensee or entity shall not be vicariously liable for the acts or omissions of its employees or agents or any other third party in an action brought under this section.
History.s. 112, ch. 95-418; s. 23, ch. 96-418; s. 41, ch. 2000-349; s. 12, ch. 2001-45; s. 86, ch. 2006-197.

F.S. 415.1111 on Google Scholar

F.S. 415.1111 on Casetext

Amendments to 415.1111


Arrestable Offenses / Crimes under Fla. Stat. 415.1111
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 415.1111.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DIVERSICARE MANAGEMENT SERVICES CO. L. v. ESTATE OF P. CATT, BY AND THROUGH J. COOK,, 267 So. 3d 560 (Fla. App. Ct. 2019)

. . . duty (count IV), aiding and abetting breach of fiduciary duty (count V), and violations of section 415.1111 . . . and severing the costs and fees provisions, finding that they violated public policy because section 415.1111 . . . removed the agreement of the parties to bear their own attorney's fees with respect to the section 415.1111 . . .

F. JOHNSON, BY AND THROUGH E. JOHNSON, v. HEARTLAND OF FORT MYERS FL, LLC HCR III LLC HCR, 257 So. 3d 634 (Fla. App. Ct. 2018)

. . . her statutory right to seek a full award of her fees under the prevailing-party provision of section 415.1111 . . . Johnson, if prevailing, from being awarded her attorney's fees and costs under section 415.1111 and does . . . Section 415.1111 does not guarantee a prevailing party an award of attorney's fees and costs but provides . . . allows the arbitrator to award attorney's fees and costs under "state law," which includes section 415.1111 . . . 2016) ; count two alleged a breach of fiduciary duty; and count three alleged violations of section 415.1111 . . .

ROCKLEDGE NH, LLC, D. v. MILEY, BY AND THROUGH, W. MILEY,, 219 So. 3d 246 (Fla. Dist. Ct. App. 2017)

. . . Florida Statutes (2013), two counts for violation of Florida’s Adult Protective Services Act, section 415.1111 . . . public policy because it effectively “replaced” the prevailing party provision set forth in section 415.1111 . . . holding that arbitration agreement that limits statutory remedy of attorneys’ fees pursuant to section 415.1111 . . . provision that was inconsistent with the prevailing party attorneys’ fee provision set forth in section 415.1111 . . .

IN RE A. BAVELIS, A. v., 571 B.R. 278 (Bankr. S.D. Ohio 2017)

. . . . § 415.1111. . . .

HOCHBAUM, HOCHBAUM, v. PALM GARDEN OF WINTER HAVEN, LLC LLC LLC II, LLC LLC HC LLC a k a LLC, 201 So. 3d 218 (Fla. Dist. Ct. App. 2016)

. . . (2013), count two alleged a breach of fiduciary duty, and count three alleged violations of section 415.1111 . . . they violate public policy by limiting Hochbaum’s statutory right to attorneys’ fees under section 415.1111 . . . In her complaint, Hochbaum asserted a count for violation of section 415.1111, alleging that the nursing . . . Section 415.1111 provides that “[a] vulnerable adult who has been abused, neglected, or exploited as . . . Section 415.1111 creates a civil cause of action for abuse, neglect, and exploitation committed against . . .

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

. . . As to the count alleging a violation of section 415.1111, Florida Statutes (2010), we agree with appellees . . .

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

. . . . §§ 415.1034(l)(a)(5), 415.111, 415.1111, he was entitled to civil relief as a result. . . . Stat. § 415.1111 (explaining the circumstances under which a civil action may be brought pursuant to . . . Stat. § 415.1111. . . . Stat. § 415.1111. . . . Stat. § 415.1111, Martin seeks not to recover damages on behalf of his mother, but rather, to recover . . .

T. GRASSO, v. GRASSO, 131 F. Supp. 3d 1303 (M.D. Fla. 2015)

. . . . § 415.1111 (2014). . . . First, Bohannon is distinguishable from the instant case and, second, the plain language of Section 415.1111 . . . Section 415.1111 provides a cause of action for a “vulnerable adult who has been abused, neglected, or . . . As such, the plain language of Section- 415.1111 does not require that a “perpetrator” who exploited . . .

D. JOSEPH, v. S. BERNSTEIN, S. LLC,, 612 F. App'x 551 (11th Cir. 2015)

. . . . § 415.1111. Joseph raises several issues on appeal. . . . Stat. § 415.1111; 1995 Fla. Sess. Law Serv. Ch. 95-418, § 112. . . . Stat. § 415.1111; 1995 Fla. Sess. Law Serv. Ch. 95-418, § 112. . . .

TRANS HEALTH MANAGEMENT, INC. v. WEBB, M. WEBB, 132 So. 3d 1152 (Fla. Dist. Ct. App. 2013)

. . . Subsequently, the trial court granted leave to add a claim under section 415.1111, Florida Statutes, . . . The trial court dismissed the section 415.1111 claim with prejudice and denied the request to add punitive . . . Webb obtained leave from the successor judge to amend the complaint to re-assert the section 415.1111 . . . million in compensatory damages on the negligence claim; $100 million in compensatory damages on section 415.1111 . . .

FI- EVERGREEN WOODS, LLC, N K A LLC, LLC v. L. ROBINSON,, 135 So. 3d 331 (Fla. Dist. Ct. App. 2013)

. . . Finally, Resident sought to recover under the Adult Protective Services Act, section 415.1111, Florida . . .

FI- EVERGREEN WOODS, LLC, v. ESTATE OF A. VRASTIL,, 118 So. 3d 859 (Fla. Dist. Ct. App. 2013)

. . . ... those rights that may be available under Florida Statutes §§ 400.22, 400.023, 400.428, 400.429, 415.1111 . . . sections 400.22 and 400.23, Florida Statutes (2010), breach of fiduciary duty, and violations of section 415.1111 . . .

SPRING LAKE NC, LLC SBK LLC LLC B. v. FIGUEROA, R., 104 So. 3d 1211 (Fla. Dist. Ct. App. 2012)

. . . against Spring Lake for negligence, wrongful death, breach of fiduciary duties, and violations of section 415.1111 . . .

SCHWARTZBERG Hs Js Js Hs Hs v. K. KNOBLOCH,, 98 So. 3d 173 (Fla. Dist. Ct. App. 2012)

. . . Knobloch alleged claims for negligence, breach of fiduciary duty, and violations of section 415.1111, . . .

MADONNA, v. GAYNOR, GAYNOR, LTCSP- LLC St. LLC LLC LLC R. J. M. A. L., 95 So. 3d 990 (Fla. Dist. Ct. App. 2012)

. . . filed this action alleging negligence, breach of fiduciary duty, and statutory violations of section 415.1111 . . .

ESTATE OF DERESH, SCHNEIDER, v. FS TENANT POOL III TRUST, FS FGI I a k a CCC I a k a, 95 So. 3d 296 (Fla. Dist. Ct. App. 2012)

. . . surviving children; (4) breach of fiduciary duty; (5) the corporate defendants’ violations of section 415.1111 . . . Chapter 400, which was at issue in Shotts and Gessa; however, like the statute in those cases, section 415.1111 . . .

PASQUALE, Jr. v. L. LOVING, E. M. N. A. A., 82 So. 3d 1205 (Fla. Dist. Ct. App. 2012)

. . . See § 415.1111, Fla. . . .

In A. BAVELIS, A. v., 453 B.R. 832 (Bankr. S.D. Ohio 2011)

. . . . § 415.1111); Count Eleven (fraudulent inducement/promissory fraud); Count Twelve (negligent misrepresentation . . .

BOHANNON, W. W. Jr. A. v. SHANDS TEACHING HOSPITAL AND CLINICS, INC. a, 983 So. 2d 717 (Fla. Dist. Ct. App. 2008)

. . . Section 415.1111 provides that “[a] vulnerable adult who has been abused, neglected, or exploited as . . . terms are defined in chapter 415, the hospital would arguably have been subject to suit under section 415.1111 . . . that the allegations of the amended complaint which purport to state a cause of action under section 415.1111 . . . To state a cause of action under section 415.1111, a complaint must set forth factual allegations which . . .

WOODRUFF, v. TRG- HARBOUR HOUSE, LTD., 967 So. 2d 248 (Fla. Dist. Ct. App. 2007)

. . . contract, respectively, as well as count IV, which is an action for elder abuse pursuant to section 415.1111 . . . facts set forth in the cross-claim, Appellant cannot maintain a claim for elder abuse under section 415.1111 . . .

KNOWLES, v. BEVERLY ENTERPRISES- FLORIDA, INC., 898 So. 2d 1 (Fla. 2004)

. . . theories of common law intentional torts, like battery, or abuse of a vulnerable adult under section 415.1111 . . .

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

. . . 1995 amendment to chapter 415, the legislature included a section entitled “Civil Penalties,” section 415.1111 . . .