Florida Statutes
Fla. Stat. § 39.205 (2025)
Penalties relating to reporting of child abuse, abandonment, or neglect.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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39.205 Penalties relating to reporting of child abuse, abandonment, or neglect.—
(1) A person who knowingly and willfully fails to report to the central abuse hotline known or suspected child abuse, abandonment, or neglect, or who knowingly and willfully prevents another person from doing so, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A judge subject to discipline pursuant to s. 12, Art. V of the State Constitution may not be subject to criminal prosecution when the information was received in the course of official duties.
(2) Unless the court finds that the person is a victim of domestic violence or that other mitigating circumstances exist, a person who is 18 years of age or older and lives in the same house or living unit as a child who is known or suspected to be a victim of child abuse, neglect of a child, or aggravated child abuse, and knowingly and willfully fails to report the child abuse commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Any Florida College System institution, state university, or nonpublic college, university, or school, as defined in s. 1000.21 or s. 1005.02, whose administrators, upon receiving information from faculty, staff, or other institution employees, knowingly and willfully fail to report to the central abuse hotline known or suspected child abuse, abandonment, or neglect committed on the property of the university, college, or school, or during an event or function sponsored by the university, college, or school, or who knowingly and willfully prevent another person from doing so, shall be subject to fines of $1 million for each such failure.
(a) A Florida College System institution subject to a fine shall be assessed by the State Board of Education.
(b) A state university subject to a fine shall be assessed by the Board of Governors.
(c) A nonpublic college, university, or school subject to a fine shall be assessed by the Commission for Independent Education.
(4) Any Florida College System institution, state university, or nonpublic college, university, or school, as defined in s. 1000.21 or s. 1005.02, whose law enforcement agency fails to report to the central abuse hotline known or suspected child abuse, abandonment, or neglect committed on the property of the university, college, or school or during an event or function sponsored by the university, college, or school, shall be subject to fines of $1 million for each such failure, assessed in the same manner as specified in subsection (3).
(5) Any Florida College System institution, state university, or nonpublic college, university, or school, as defined in s. 1000.21 or s. 1005.02, shall have the right to challenge the determination that the institution acted knowingly and willfully under subsection (3) or subsection (4) in an administrative hearing pursuant to s. 120.57; however, if it is found that actual knowledge and information of known or suspected child abuse was in fact received by the institution’s administrators and was not reported, a presumption of a knowing and willful act will be established.
(6) A person who knowingly and willfully makes public or discloses any confidential information contained in the central abuse hotline or in the records of any child abuse, abandonment, or neglect case, except as provided in this chapter, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(7) The department shall establish procedures for determining whether a false report of child abuse, abandonment, or neglect has been made and for submitting all identifying information relating to such a report to the appropriate law enforcement agency.
(8) If the department or its authorized agent has determined during the course of its investigation that a report is a false report, the department may discontinue all investigative activities and shall, with the consent of the alleged perpetrator, refer the report to the local law enforcement agency having jurisdiction for an investigation to determine whether sufficient evidence exists to refer the case for prosecution for filing a false report as defined in s. 39.01. During the pendency of the investigation, the department must notify the local law enforcement agency of, and the local law enforcement agency must respond to, all subsequent reports concerning children in that same family in accordance with s. 39.301. If the law enforcement agency believes that there are indicators of abuse, abandonment, or neglect, it must immediately notify the department, which must ensure the safety of the children. If the law enforcement agency finds sufficient evidence for prosecution for filing a false report, it must refer the case to the appropriate state attorney for prosecution.
(9) A person who knowingly and willfully makes a false report of child abuse, abandonment, or neglect, or who advises another to make a false report, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. Anyone making a report who is acting in good faith is immune from any liability under this subsection.
(10) The State Board of Education shall adopt rules to implement this section as it relates to Florida College System institutions; the Commission for Independent Education shall adopt rules to implement this section as it relates to nonpublic colleges, universities, and schools; and the Board of Governors shall adopt regulations to implement this section as it relates to state universities.
(11) This section may not be construed to remove or reduce the requirement of any person, including, but not limited to, any employee of a school readiness program provider determined to be eligible under s. 1002.88; a private prekindergarten provider or a public school prekindergarten provider, as those terms are defined in s. 1002.51; a public K-12 school as described in s. 1000.04; a private school as defined in s. 1002.01; a Florida College System institution or a state university, as those terms are defined in s. 1000.21; a college as defined in s. 1005.02; or a school as defined in s. 1005.02, to directly report a known or suspected case of child abuse, abandonment, or neglect or the sexual abuse of a child to the department’s central abuse hotline. A person required to report to the central abuse hotline is not relieved of such obligation by notifying his or her supervisor.
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. 28, ch. 88-337; s. 56, ch. 90-306; s. 10, ch. 91-57; s. 21, ch. 91-71; s. 251, ch. 91-224; s. 10, ch. 93-25; s. 276, ch. 96-406; s. 4, ch. 98-111; s. 35, ch. 98-403; s. 6, ch. 99-168; s. 3, ch. 2000-217; s. 4, ch. 2002-70; s. 29, ch. 2006-86; s. 25, ch. 2008-245; s. 2, ch. 2012-155; s. 5, ch. 2012-178; s. 3, ch. 2013-51; s. 6, ch. 2021-170; s. 2, ch. 2022-67.
Note.—Former ss. 828.041, 827.07(18); s. 415.513.
Arrestable Offenses under F.S. 39.205
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§39.205(1)PUBLIC ORDER CRIMESFAIL REPRT SUSP CHILD ABUSE ABANDON NEGLEC
§39.205(1)PUBLIC ORDER CRIMESPENALTY INCREASE. SEE REC # 7317
§39.205(2)FAMILY OFFENSEADULT IN HOME FAILS TO REP CHILD ABUSE WI HOME
§39.205(3)INVADE PRIVACYRENUMBERED. SEE REC # 7318
§39.205(6)INVADE PRIVACYCONF INFO IN CENTRAL ABUSE HOTLINE RELEASED
§39.205(6)MAKING FALSE REPORTRENUMBERED. SEE REC # 7319
§39.205(9)MAKING FALSE REPORTMAKING FALSE REPORT OF CHILD ABUSE
Notes of Decisions
Cited in 20
cases (4 in the last 5 years), 2002–2025 · leading case: Florida Dep't of Child. & Families v. Shapiro, 68 So. 3d 298 (Fla. 4th DCA 2011).
Florida Dep't of Child. & Families v. Shapiro, 68 So. 3d 298 (Fla. 4th DCA 2011). “An IG investigation found the employees violated DCF policy and section 39.205, Florida Statutes (2006). At the end of her case, the plaintiff read excerpts from a discovery deposition of the DCF district administrator into the record.”
In Re Bb, 820 So. 2d 409 (Fla. 3d DCA 2002). “§ 39.205(6), Fla. Stat. (2000). [3] Section 39.”
Drudge v. City of Kissimmee, 581 F. Supp. 2d 1176 (M.D. Fla. 2008). “Plaintiff contends in Count II that the City tolerated, ratified, or was deliberately indifferent “to a pattern and/or policy of unjustified and unreasonable and illegal imprisonment by police officers," "maintained an inadequate system of review of the filing of probable cause…”
Welker v. S. Baptist Hosp. of Florida, Inc., 864 So. 2d 1178 (Fla. 1st DCA 2004). “On the contrary, we note that section 39.205, which appears to address the subject of penalties for failure to report known or suspected child abuse makes such nonfeasance a first-degree misdemeanor.”
Urquhart v. Helmich, 947 So. 2d 539 (Fla. 1st DCA 2006). “See § 39.205, Fla. Stat. (2005). Because the report is required by law, it is not necessary to determine whether it was made in good faith.”
State v. Strauch, 2014 NMCA 020 (N.M. Ct. App. 2014). “See Fla. Stat. Ann. § 39.205 (1) (West 2013).”
State v. White, 867 So. 2d 594 (Fla. 2d DCA 2004). “See *596 § 39.205(4), (5). If the Department determines that a report is false, then it shall refer the report to law enforcement.”
C H v. Ashley (N.D. Fla. 2019). “See Fla. Stat. § 39.205 (1). semester of the 2015-2016 school year.”
Np a Minor by Ep His Nat. Guardian v. The Sch. Bd. of Okaloosa Cnty. Florida (N.D. Fla. 2019). “See Fla. Stat. § 39.205 (1). CASE NO. 3:18cv453-MCR-HTC Page 7 of 66 Superintendent Jackson were already on notice of similar abuse at a different school within the School District, Silver Sands, where another ESE teacher was also abusing nonverbal disabled ESE students.”
N R v. Sch. Bd. of Okaloosa Cnty. (N.D. Fla. 2019). “See Fla. Stat. § 39.205 (1). Case No. 3:18cv2208-MCR-EMT Page 6 of 79 In January 2016, Principal Williams joined Silver Sands.”
Lorusso v. State Attorney's Off. (N.D. Fla. 2025). “Petitioner alleges the statute under which he is charged, Fla. Stat. § 39.205 (9), is not a criminal statute.”
Lorusso v. State of Florida (N.D. Fla. 2025). “Petitioner alleges the statute under which he is charged, Fla. Stat. § 39.205 , is not a criminal statute.”
— 39.205(1) — 3 cases
Welker v. S. Baptist Hosp. of Florida, Inc., 864 So. 2d 1178 (Fla. 1st DCA 2004). “On the contrary, we note that section 39.205, which appears to address the subject of penalties for failure to report known or suspected child abuse makes such nonfeasance a first-degree misdemeanor.”
Drudge v. City of Kissimmee, 581 F. Supp. 2d 1176 (M.D. Fla. 2008). “Plaintiff contends in Count II that the City tolerated, ratified, or was deliberately indifferent “to a pattern and/or policy of unjustified and unreasonable and illegal imprisonment by police officers," "maintained an inadequate system of review of the filing of probable cause…”
Johns Hopkins All Child.'s Hosp., Inc. v. Kowalski, Kowalski (Fla. 2d DCA 2025).
— 39.205(3) — 3 cases
Womancare of Orlando, Inc. v. Agwunobi, 448 F. Supp. 2d 1293 (N.D. Fla. 2005).
M.S. v. Kids in Distress, Inc., 58 So. 3d 433 (Fla. 4th DCA 2011).
Womancare of Orlando, Inc. v. Agwunobi, 448 F. Supp. 2d 1309 (N.D. Fla. 2006).
— 39.205(4) — 2 cases
State v. White, 867 So. 2d 594 (Fla. 2d DCA 2004). “See *596 § 39.205(4), (5). If the Department determines that a report is false, then it shall refer the report to law enforcement.”
State v. Grayson, 965 So. 2d 334 (Fla. 5th DCA 2007).
— 39.205(5) — 2 cases
State v. White, 867 So. 2d 594 (Fla. 2d DCA 2004). “See *596 § 39.205(4), (5). If the Department determines that a report is false, then it shall refer the report to law enforcement.”
State v. Grayson, 965 So. 2d 334 (Fla. 5th DCA 2007).
— 39.205(6) — 3 cases
In Re Bb, 820 So. 2d 409 (Fla. 3d DCA 2002). “§ 39.205(6), Fla. Stat. (2000). [3] Section 39.”
State v. White, 867 So. 2d 594 (Fla. 2d DCA 2004). “See *596 § 39.205(4), (5). If the Department determines that a report is false, then it shall refer the report to law enforcement.”
State v. Grayson, 965 So. 2d 334 (Fla. 5th DCA 2007).
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