Fla. Stat. 415.105
Provision of protective services with consent; withdrawal of consent; interference

(1)

PROTECTIVE SERVICES WITH CONSENT.—If the department determines through its investigation that a vulnerable adult demonstrates a need for protective services or protective supervision, the department shall immediately provide, or arrange for the provision of, protective services or protective supervision, including in-home services, provided that the vulnerable adult consents. A vulnerable adult in need of services as defined in s. 415.102 shall be referred to the community care for disabled adults program, or to the community care for the elderly program administered by the Department of Elderly Affairs.

(2)

WITHDRAWAL OF CONSENT.—If the vulnerable adult withdraws consent to the receipt of protective services or protective supervision, the services may not be provided, except pursuant to s. 415.1051.

(3)

INTERFERENCE WITH THE PROVISION OF PROTECTIVE SERVICES.—When any person refuses to allow the provision of protective services to a vulnerable adult who has the capacity to consent to services, the department shall petition the court for an order enjoining the person from interfering with the provision of protective services. The petition must allege specific facts sufficient to show that the vulnerable adult is in need of protective services and that the person refuses to allow the provision of such services. If the court finds by clear and convincing evidence that the vulnerable adult is in need of protective services and that the person refuses to allow the provision of such services, the court may issue an order enjoining the person from interfering with the provision of protective services to the vulnerable adult.

Source: Section 415.105 — Provision of protective services with consent; withdrawal of consent; interference, https://www.flsenate.gov/Laws/Statutes/2024/0415.105 (accessed Aug. 7, 2025).

415.101
Adult Protective Services Act 415.102
Definitions of terms used in ss 415.103
Central abuse hotline 415.104
Protective investigations of cases of abuse, neglect, or exploitation of vulnerable adults 415.105
Provision of protective services with consent 415.106
Cooperation by the department and criminal justice and other agencies 415.107
Confidentiality of reports and records 415.111
Criminal penalties 415.113
Statutory construction 415.1034
Mandatory reporting of abuse, neglect, or exploitation of vulnerable adults 415.1035
Facility’s duty to inform residents of their right to report abusive, neglectful, or exploitive practices 415.1036
Immunity 415.1045
Photographs, videotapes, and medical examinations 415.1051
Protective services interventions when capacity to consent is lacking 415.1052
Interference with investigation or with the provision of protective services 415.1055
Notification to administrative entities 415.1071
Release of confidential information 415.1099
Court and witness fees not allowed 415.1102
Adult protection teams 415.1103
Elder and vulnerable adult abuse fatality review teams 415.1105
Training programs 415.1111
Civil actions 415.1113
Administrative fines for false report of abuse, neglect, or exploitation of a vulnerable adult 415.1115
Civil actions involving elderly parties 415.10341
Protection of specified adults

Current through Fall 2025

§ 415.105. Provision of protective services with consent; withdrawal of consent; interference's source at flsenate.gov

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Location: https://florida.public.law/statutes/fla._stat._415.105

Original Source: Section 415.105 — Provision of protective services with consent; withdrawal of consent; interference, https://www.flsenate.gov/Laws/Statutes/2024/0415.105 (last accessed Aug. 6, 2025).