Florida Statutes
Chapter 415 - Adult Protective Services
415.1052 - Interference With Investigation or With the Provision of Protective Services.


(1) If, upon arrival of the protective investigator, any person refuses to allow the department to begin a protective investigation, interferes with the department’s ability to conduct such an investigation, or refuses to give access to the vulnerable adult, the appropriate law enforcement agency must be contacted to assist the department in commencing the protective investigation.
(2) When any person refuses to allow the provision of protective services to the 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.
History.—s. 102, ch. 95-418; s. 35, ch. 2000-349.

Structure Florida Statutes

Florida Statutes

Title XXX - Social Welfare

Chapter 415 - Adult Protective Services

415.101 - Adult Protective Services Act; Legislative Intent.

415.102 - Definitions of Terms Used in Ss. 415.101-415.113.

415.103 - Central Abuse Hotline.

415.1034 - Mandatory Reporting of Abuse, Neglect, or Exploitation of Vulnerable Adults; Mandatory Reports of Death.

415.1035 - Facility’s Duty to Inform Residents of Their Right to Report Abusive, Neglectful, or Exploitive Practices.

415.1036 - Immunity.

415.104 - Protective Investigations of Cases of Abuse, Neglect, or Exploitation of Vulnerable Adults; Transmittal of Records to State Attorney.

415.1045 - Photographs, Videotapes, and Medical Examinations; Abrogation of Privileged Communications; Confidential Records and Documents.

415.105 - Provision of Protective Services With Consent; Withdrawal of Consent; Interference.

415.1051 - Protective Services Interventions When Capacity to Consent Is Lacking; Nonemergencies; Emergencies; Orders; Limitations.

415.1052 - Interference With Investigation or With the Provision of Protective Services.

415.1055 - Notification to Administrative Entities.

415.106 - Cooperation by the Department and Criminal Justice and Other Agencies.

415.107 - Confidentiality of Reports and Records.

415.1071 - Release of Confidential Information.

415.1099 - Court and Witness Fees Not Allowed.

415.1102 - Adult Protection Teams.

415.1103 - Elder Abuse Fatality Review Teams.

415.1105 - Training Programs.

415.111 - Criminal Penalties.

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; Speedy Trial.

415.113 - Statutory Construction; Treatment by Spiritual Means.