Florida Statutes

Fla. Stat. § 39.203 (2025)

Immunity from liability in cases of child abuse, abandonment, or neglect.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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39.203 Immunity from liability in cases of child abuse, abandonment, or neglect.—

(1)(a) Any person, official, or institution participating in good faith in any act authorized or required by this chapter, or reporting in good faith any instance of child abuse, abandonment, or neglect to the department or any law enforcement agency, shall be immune from any civil or criminal liability which might otherwise result by reason of such action.

(b) Except as provided in this chapter, nothing contained in this section shall be deemed to grant immunity, civil or criminal, to any person suspected of having abused, abandoned, or neglected a child, or committed any illegal act upon or against a child.

(2)(a) No resident or employee of a facility serving children may be subjected to reprisal or discharge because of his or her actions in reporting abuse, abandonment, or neglect pursuant to the requirements of this section.

(b) Any person making a report under this section shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of such reporting party by reason of his or her making such report. Any detrimental change made in the residency or employment status of such person, including, but not limited to, discharge, termination, demotion, transfer, or reduction in pay or benefits or work privileges, or negative evaluations within a prescribed period of time shall establish a rebuttable presumption that such action was retaliatory.

History.—ss. 1, 2, 3, 4, 5, 6, ch. 63-24; s. 941, ch. 71-136; ss. 1, 1A, ch. 71-97; s. 32, ch. 73-334; s. 65, ch. 74-383; s. 1, ch. 75-101; s. 1, ch. 75-185; s. 4, ch. 76-237; s. 1, ch. 77-77; s. 3, ch. 77-429; ss. 1, 2, ch. 78-322; s. 3, ch. 78-326; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 181, ch. 79-164; s. 1, ch. 79-203; s. 27, ch. 88-337; s. 55, ch. 90-306; s. 63, ch. 94-164; s. 73, ch. 97-103; s. 33, ch. 98-403; s. 12, ch. 99-193.

Note.—Former ss. 828.041, 827.07(7); s. 415.511.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 2001–2025 · leading case: Ross v. Blank, 958 So. 2d 437 (Fla. 4th DCA 2007).

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Ross v. Blank, 958 So. 2d 437 (Fla. 4th DCA 2007). · cites it 5× “201 and the grant of immunity provided to those who make a report by section 39.203, the First District drew a distinction between the immunity provided to an ordinary citizen who makes a report and a doctor who reports possible abuse discovered in the course of treatment.”

Bank of Am. Corp. v. Valladares, 141 So. 3d 714 (Fla. 3d DCA 2014). · cites it 2× “(2013) (describing services and conditions in assisted care facilities); § 560.”

Urquhart v. Helmich, 947 So. 2d 539 (Fla. 1st DCA 2006). · cites it 3× “Section 39.203, Florida Statutes affords a general grant of immunity to a person who makes a report of child abuse in good faith.”

Floyd v. Dep't of Child. & Famil., 855 So. 2d 204 (Fla. 1st DCA 2003). · cites it 3× “Accordingly, the applicable version of the statute is section 415.”

Johns Hopkins All Child.'s Hosp., Inc. v. Kowalski, Kowalski (Fla. 2d DCA 2025). · cites it 29× “(1979) (current version at § 39.203, Fla. Stat.))). There are complexities created by the interplay of chapter 39 with the claims raised in this case.”

Rose v. Harris (S.D. Fla. 2025). · cites it 2× “” Fla. Stat. § 39.203 (1)(a). “Failure to make the report is a crime.”

Johnson v. Sackett, 793 So. 2d 20 (Fla. 2d DCA 2001). · cites it 2× “Sackett for "any act authorized or required" by chapter 39, § 39.203(1)(a), Fla. Stat. (2000). Thus, in future cases, the distinct roles of caseworker and department attorney will be more akin to that of an investigating officer and prosecutor, respectively.”

— 39.203(1)(a) — 3 cases

Ross v. Blank, 958 So. 2d 437 (Fla. 4th DCA 2007). “201 and the grant of immunity provided to those who make a report by section 39.203, the First District drew a distinction between the immunity provided to an ordinary citizen who makes a report and a doctor who reports possible abuse discovered in the course of treatment.”

Johns Hopkins All Child.'s Hosp., Inc. v. Kowalski, Kowalski (Fla. 2d DCA 2025). “(1979) (current version at § 39.203, Fla. Stat.))). There are complexities created by the interplay of chapter 39 with the claims raised in this case.”

Johnson v. Sackett, 793 So. 2d 20 (Fla. 2d DCA 2001). “Sackett for "any act authorized or required" by chapter 39, § 39.203(1)(a), Fla. Stat. (2000). Thus, in future cases, the distinct roles of caseworker and department attorney will be more akin to that of an investigating officer and prosecutor, respectively.”

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