The Florida Senate

415.1052  Interference with investigation or with the provision of protective services.--

(1)  If, upon arrival of the adult 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 disabled adult or elderly person, the appropriate law enforcement agency must be contacted to assist the department in commencing the protective investigation.

(2)  If any person refuses to allow the adult protective investigator to have access to, inspect, or copy any medical, social, or financial record or document in the possession of any person, caregiver, guardian, or facility which is relevant to the allegations under investigation, the department may petition the court for an order requiring the person to give access to the record or document. The petition must allege specific facts sufficient to show that the record or document is relevant to the allegations under investigation and that the person refuses to give access to such record or document. If the court finds by a preponderance of the evidence that the record or document is relevant to the allegations under investigation, the court may order the person to give access to and permit the inspection or copying of the medical, social, or financial record or document.

(3)  When any person refuses to allow the provision of protective services to the disabled adult or elderly person 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 disabled adult or elderly person 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 disabled adult or elderly person 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 disabled adult or elderly person.

(4)  When a court order exists authorizing protective services for a disabled adult or an elderly person who lacks capacity to consent and any person interferes with the provision of such court-ordered protective services to the disabled adult or elderly person, the appropriate law enforcement agency shall enforce the order of the court.

History.--s. 102, ch. 95-418.