Florida Statute 39.011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.011

39.011 Immunity from liability.—

(1) In no case shall employees or agents of the department or a social service agency acting in good faith be liable for damages as a result of failing to provide services agreed to under the case plan unless the failure to provide such services occurs as a result of bad faith or malicious purpose or occurs in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

(2) The inability or failure of the department or of a social service agency or the employees or agents of the social service agency to provide the services agreed to under the case plan shall not render the state or the social service agency liable for damages unless such failure to provide services occurs in a manner exhibiting wanton or willful disregard of human rights, safety, or property.

(3) A member or agent of a citizen review panel acting in good faith is not liable for damages as a result of any review or recommendation with regard to a dependency matter unless such member or agent exhibits wanton and willful disregard of human rights or safety, or property.

History.—s. 9, ch. 87-289; s. 13, ch. 90-306; s. 7, ch. 97-95; s. 21, ch. 98-403; s. 5, ch. 99-193.

Note.—Former s. 39.455.

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Amendments to 39.011

Arrestable Offenses / Crimes under Fla. Stat. 39.011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.011.

Annotations, Discussions, Cases:

Cases Citing Statute 39.011

Total Results: 20

Montero ex rel. W.P.M. v. Duval County School Board

Court: District Court of Appeal of Florida | Date Filed: 2014-12-18

Citation: 153 So. 3d 407, 2014 Fla. App. LEXIS 20565, 2014 WL 7184294

Snippet: was appropriate, inter alia, because section 1002.39(11), Florida Statutes, expressly provides that ”[n]o

Duval County School Board v. Golly

Court: District Court of Appeal of Florida | Date Filed: 2004-02-24

Citation: 867 So. 2d 491, 2004 Fla. App. LEXIS 1967, 2004 WL 329334

Snippet: of Wright & Greig, Ltd. v. M’Kendry, 56 S.L.R. 39, 11 B.W.C.C. 402 (1918), wherein the court observed

Schuette v. State

Court: Supreme Court of Florida | Date Filed: 2002-06-20

Citation: 822 So. 2d 1275, 2002 WL 1338512

Snippet: [4] In J.S.H. this Court interpreted section 39.11(1)(g), Florida Statutes (1983), repealed by chapter

J.O.S. v. State

Court: Supreme Court of Florida | Date Filed: 1997-03-13

Citation: 689 So. 2d 1061, 22 Fla. L. Weekly Supp. 118, 1997 Fla. LEXIS 308

Snippet: reviewed the statutory language of sec*1064tion 39.11(l)(g), Florida Statutes (1983),8 a predecessor to

JOS v. State

Court: Supreme Court of Florida | Date Filed: 1997-03-13

Citation: 689 So. 2d 1061, 1997 WL 109215

Snippet: reviewed the statutory language of section *1064 39.11(1)(g), Florida Statutes (1983),[8] a predecessor

T.R. v. State

Court: Supreme Court of Florida | Date Filed: 1996-06-27

Citation: 677 So. 2d 270, 21 Fla. L. Weekly Supp. 268, 1996 Fla. LEXIS 1061

Snippet: to section 39.11, Florida Statutes (1979). The district court noted that under section 39.11(l)(c), a court

TR v. State

Court: Supreme Court of Florida | Date Filed: 1996-06-27

Citation: 677 So. 2d 270, 1996 WL 350171

Snippet: to section 39.11, Florida Statutes (1979). The district court noted that under section 39.11(1)(c), a court

Mitchell v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-12-08

Citation: 664 So. 2d 1099, 1995 WL 726534

Snippet: may be and a written order pursuant to section 39.11 may indeed be subsequently filed." Id. at 1016 (citations

G.J.V. v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-05-20

Citation: 637 So. 2d 78, 1994 Fla. App. LEXIS 4788

Snippet: DCA 1984) (where version of statute in effect, § 39.11(1)®, provided restitution sanction as part of community

GJV v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-05-20

Citation: 637 So. 2d 78, 1994 WL 195495

Snippet: DCA 1984) (where version of statute in effect, § 39.11(1)(f), provided restitution sanction as part of

DEPT. OF HEALTH & REHAB. SERVICES v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-03-19

Citation: 616 So. 2d 91, 1993 WL 74946

Snippet: concur. NOTES [1] Section 39.054 (formerly section 39.11) sets forth the various dispositional options available

E.J. v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-03-17

Citation: 595 So. 2d 282, 1992 Fla. App. LEXIS 2795

Snippet: for the offense. Prior to the repeal of Section 39.11, Florida Statutes, by Chapter 90-208, Laws of Florida

EJ v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-03-17

Citation: 595 So. 2d 282, 1992 WL 51255

Snippet: for the offense. Prior to the repeal of Section 39.11, Florida Statutes, by Chapter 90-208, Laws of Florida

Department of Health & Rehabilitative Services v. J.T.H.

Court: District Court of Appeal of Florida | Date Filed: 1992-02-28

Citation: 595 So. 2d 211, 1992 Fla. App. LEXIS 2203, 1992 WL 35370

Snippet: no power to commit J.T.H. pursuant to sections 39.11(1) and 39.053(3) unless it adjudicated J.T.H. a

Wolf v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1991-11-07

Citation: 588 So. 2d 335, 1991 Fla. App. LEXIS 11042, 1991 WL 227661

Snippet: payment for the support of their child under section 39.-11(2), Florida Statutes,1 section 402.33(2), Florida

Department of Health & Rehabilitative Services v. J.T.H.

Court: District Court of Appeal of Florida | Date Filed: 1991-10-10

Citation: 586 So. 2d 516, 1991 Fla. App. LEXIS 13961, 1991 WL 200770

Snippet: to commit the child to HRS pursuant to section 39.11(1); Florida Statutes (1989) and section 39.053(3)

Stanley v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-07-03

Citation: 582 So. 2d 140, 1991 Fla. App. LEXIS 6176, 1991 WL 117036

Snippet: to juvenile services and facilities. . Section 39.11 l(7)(d) provides: (d) Any decision to impose adult

J.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-05-07

Citation: 588 So. 2d 593, 1991 Fla. App. LEXIS 4116

Snippet: 1988); J.S.H. v. State, 472 So.2d 737 (Fla.1985); § 39.11(l)(f), Fla.Stat. (1987). Affirmed. . § 90.608,

In the Interest of M.L. v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-04-23

Citation: 578 So. 2d 464, 1991 Fla. App. LEXIS 3849, 1991 WL 59998

Snippet: residential program of the department. Section 39.11, Florida Statutes (1989), sets forth the juvenile

In the Interest of J.T.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-03-13

Citation: 576 So. 2d 393, 1991 Fla. App. LEXIS 2248, 1991 WL 35443

Snippet: indeterminate term of community control. See Sections 39.11(l)(a)l. and (4) and 775.-082(4)(a), Florida Statutes