The Florida Senate

415.1111  Civil penalties.--

(1)  A person who is named as a perpetrator in a confirmed report of abuse, neglect, or exploitation of a disabled adult or an elderly person is subject to civil penalties as follows:

(a)  For the first offense, a penalty of $250.

(b)  For the second offense, a penalty of $500.

(c)  For the third and subsequent offenses, a penalty of $1,000 per occurrence.

Second and subsequent offenses may be for the same type of abuse, neglect, or exploitation or for a different type, and may be perpetrated upon the same or a different disabled adult or elderly person.

(2)  All fines received by the department under this section must be deposited in the Operations and Maintenance Trust Fund within the department. The Legislature shall annually appropriate from the fund an amount that is no less than the amount deposited under this section, to be expended only for the adult protective services program.

(3)  A disabled adult or an elderly person who has been named as a victim in a confirmed report of abuse, neglect, or exploitation as specified in this part has a cause of action against any perpetrator named in the confirmed report and may recover actual and punitive damages for such abuse, neglect, or exploitation. The action may be brought by the disabled adult or elderly person, or that person's guardian, by a person or organization acting on behalf of the disabled adult or elderly person with the consent of that person or that person's guardian, or by the personal representative of the estate of a deceased disabled adult or elderly person 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 disabled adult or an elderly person. 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 disabled adult or an elderly person.

History.--s. 112, ch. 95-418; s. 23, ch. 96-418.