Florida Statute 39.203 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.203

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.

F.S. 39.203 on Google Scholar

F.S. 39.203 on Casetext

Amendments to 39.203

Arrestable Offenses / Crimes under Fla. Stat. 39.203

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.203.

Annotations, Discussions, Cases:

Cases Citing Statute 39.203

Total Results: 5

Bank of America Corp. v. Valladares

Court: District Court of Appeal of Florida | Date Filed: 2014-07-02

Citation: 141 So. 3d 714, 2014 WL 2965406, 2014 Fla. App. LEXIS 10161

Snippet: 1995). 2 . See § 39.203, Fla. Stat. (2013) (reporting child abuse, abandonment

Ross v. Blank

Court: District Court of Appeal of Florida | Date Filed: 2007-05-02

Citation: 958 So. 2d 437, 2007 WL 1263511

Snippet: immune from civil liability pursuant to section 39.203(1)(a), Florida Statutes. The motion also argued

Urquhart v. Helmich

Court: District Court of Appeal of Florida | Date Filed: 2006-12-27

Citation: 947 So. 2d 539, 2006 WL 3780393

Snippet: the application of two related statutes. Section 39.203, Florida Statutes affords a general grant of immunity

Floyd v. DEPARTMENT OF CHILDREN AND FAMIL.

Court: District Court of Appeal of Florida | Date Filed: 2003-09-18

Citation: 855 So. 2d 204, 2003 WL 22142512

Snippet: section 39.203, Florida Statutes. However, the cause of action accrued in 1996, and section 39.203 did not

Johnson v. Sackett

Court: District Court of Appeal of Florida | Date Filed: 2001-03-28

Citation: 793 So. 2d 20, 2001 WL 293233

Snippet: "any act authorized or required" by chapter 39, § 39.203(1)(a), Fla. Stat. (2000). Thus, in future cases