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Chapter 415 — Adult Protective Services

Florida Statute 415.1111

“Civil actions”

What it means

A vulnerable adult who has been abused, neglected, or exploited as specified in chapter 415 has a cause of action against any perpetrator and may recover actual and punitive damages. The action may be brought by the vulnerable adult or the person's guardian, by a person or organization acting on the adult's behalf with the consent of the adult or 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. A prevailing party may be entitled to recover reasonable attorney's fees, costs of the action, and damages. The remedies are in addition to and cumulative with other legal and administrative remedies. Suits against licensees of certain nursing homes and assisted living facilities relating to operating the facility are brought under s. 400.023 or s. 429.29, and such licensees are not vicariously liable for the acts or omissions of employees, agents, or third parties in an action under this section.

— What it says
  • A vulnerable adult has a cause of action against any perpetrator of abuse, neglect, or exploitation and may recover actual and punitive damages (§ 415.1111).
  • The action may be brought by the vulnerable adult or the adult's guardian, or by a person or organization acting with their consent (§ 415.1111).
  • The personal representative of a deceased victim's estate may bring it, without regard to whether the cause of death resulted from the abuse, neglect, or exploitation (§ 415.1111).
  • A prevailing party may be entitled to reasonable attorney's fees, costs, and damages (§ 415.1111).
  • The remedies are in addition to and cumulative with other legal and administrative remedies (§ 415.1111).
  • Actions against licensees of facilities under part II of chapter 400 or part I of chapter 429 relating to facility operation proceed under s. 400.023 or s. 429.29 (§ 415.1111).

Text of the statute (2026)

§ 415.1111 (cause of action and who may sue)
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.
§ 415.1111 (venue, fees, remedies, facility actions)
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.

Excerpts are the subsections the summary relies on. Read the full official text of § 415.1111.

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.

— In a Florida probate

How it applies

The section has one paragraph, so every point cites the section as a whole. It lets a personal representative bring the action for a deceased victim, so a claim may be pursued after the victim's death.

Because the remedies are cumulative, the action can sit alongside other civil or criminal provisions, such as s. 772.11 (civil remedy for theft or exploitation) and s. 825.103 (exploitation of an elderly person or disabled adult). Section 415.102 defines abuse, neglect, and exploitation for the purposes of the action.

Where this shows up

Pages on this site where § 415.1111 does real work:

Questions people ask

Can an estate sue for elder exploitation in Florida?
Yes. Section 415.1111 lets the personal representative of the estate of a deceased victim bring the civil action, without regard to whether the cause of death resulted from the abuse, neglect, or exploitation. Recovery may include actual and punitive damages, and a prevailing party may be entitled to attorney's fees and costs.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 415.1111

Published by the Probate.Help editorial team.How these pages are written and checked.

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