Florida Statute 415.104
“Protective investigations of cases of abuse, neglect, or exploitation of vulnerable adults; transmittal of records to state attorney”
What it means
A call to Florida's central abuse hotline about a vulnerable adult does not start a prosecution — it starts a protective investigation. §415.104 requires the Department of Children and Families to begin one within 24 hours of the report. If the facts suggest a crime, the department notifies law enforcement and the state attorney orally, with a written preliminary report within 5 working days.
The investigator determines on site whether the person is a vulnerable adult, whether abuse, neglect, or exploitation occurred, who is responsible, the level of risk, and what protective services are needed — with the investigation completed no later than 60 days after the report.
- The investigation must begin within 24 hours of the hotline report.
- Suspected criminal conduct goes to law enforcement and the state attorney — oral notice, then a written preliminary report within 5 working days.
- The on-site investigation assesses vulnerability, injuries, responsible persons, risk level, and needed protective services.
- The investigation must be completed no later than 60 days after the initial report.
- People interviewed may have an attorney or another person present.
How it plays out
Families sometimes hesitate to call the hotline because they picture an arrest. What actually follows is this section: an investigator, a vulnerability assessment, and a services recommendation — the criminal file opens only on referral. In exploitation matters we treat the DCF investigation as the fastest fact-gathering that exists while a probate or civil case is still being prepared; it is running within a day, while subpoenas take months.
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