Florida Statute 39.205 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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F.S. 39.205

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.

F.S. 39.205 on Google Scholar

F.S. 39.205 on Casetext

Amendments to 39.205

Arrestable Offenses / Crimes under Fla. Stat. 39.205

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

S39.205 1 - PUBLIC ORDER CRIMES - FAIL REPRT SUSP CHILD ABUSE ABANDON NEGLEC - F: T

S39.205 1 - PUBLIC ORDER CRIMES - PENALTY INCREASE. SEE REC # 7317 - M: F

S39.205 2 - FAMILY OFFENSE - ADULT IN HOME FAILS TO REP CHILD ABUSE WI HOME - F: T

S39.205 3 - INVADE PRIVACY - RENUMBERED. SEE REC # 7318 - M: S

S39.205 6 - INVADE PRIVACY - CONF INFO IN CENTRAL ABUSE HOTLINE RELEASED - M: S

S39.205 6 - MAKING FALSE REPORT - RENUMBERED. SEE REC # 7319 - F: T

S39.205 9 - MAKING FALSE REPORT - MAKING FALSE REPORT OF CHILD ABUSE - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 39.205

Total Results: 13

Florida Department of Children & Families v. Shapiro

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-27T00:00:00-07:00

Citation: 68 So. 3d 298, 32 I.E.R. Cas. (BNA) 1117, 2011 Fla. App. LEXIS 11759, 112 Fair Empl. Prac. Cas. (BNA) 1578, 2011 WL 3111349

Snippet: found the employees violated DCF policy and section 39.205, Florida Statutes (2006). At the end of her case

M.S. v. Kids in Distress, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-20T00:00:00-07:00

Citation: 58 So. 3d 433, 2011 Fla. App. LEXIS 5545

Snippet: so, it would have committed a misdemeanor. See § 39.205(3), Fla. Stat. (2004). No provision of the statute

State v. Grayson

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-21T00:53:00-07:00

Citation: 965 So. 2d 334

Snippet: child abuse in violation of sections 39.01(27) and 39.205(6), Florida Statutes (2004). Grayson moved to dismiss…longer entitled to confidentiality. See also §§ 39.205(5), 206(9), Fla. Stat. (2004). Section 39.202(5…purpose of the investigation. Sections 39.202(8) and 39.205(3) make it a second-degree misdemeanor to knowingly…hotline to an unauthorized person, while section 39.205(6) provides that a person who knowingly and willfully…determine if a false report has been made. See § 39.205(4) & (5), Fla. Stat. (2004). If DCF determines

Urquhart v. Helmich

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-26T23:53:00-08:00

Citation: 947 So. 2d 539

Snippet: abuse. Failure to make the report is a crime. See § 39.205, Fla. Stat. (2005). Because the report is required

State v. White

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-05T00:00:00-08:00

Citation: 867 So. 2d 594, 2004 Fla. App. LEXIS 2685, 2004 WL 401743

Snippet: second-degree misdemeanor. §§ 39.202(7), 39.205(3). Section 39.205(6) provides that “[a] person who knowingly…false report of child abuse in violation of section 39.205(6), Florida Statutes (2001). White filed a motion…determine if a false report has been made. See *596§ 39.205(4), (5). If the Department determines that a report…it shall refer the report to law enforcement. § 39.205(5). The State contends that individuals who make

Welker v. Southern Baptist Hosp. of Florida, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-01-07T23:53:00-08:00

Citation: 864 So. 2d 1178

Snippet: an intent. On the contrary, we note that section 39.205, which appears to address the subject of penalties… such nonfeasance a first-degree misdemeanor. § 39.205(1), Fla. Stat. (1999). It says nothing about the

In Re BB

Court: Fla. Dist. Ct. App. | Date Filed: 2002-06-26T00:00:00-07:00

Citation: 820 So. 2d 409

Snippet: falsely reporting child abuse in violation of section 39.205(6), Florida Statutes.[2] As a result of *411 her…immune from any liability under this subsection. § 39.205(6), Fla. Stat. (2000). [3] Section 39.401 provides

Graham v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-02-27T23:53:00-08:00

Citation: 779 So. 2d 604

Snippet: misdemeanor in violation of sections 39.201 and 39.205, Florida Statutes (Supp.1998). Because Graham'

D.G. v. Watson

Court: Fla. Dist. Ct. App. | Date Filed: 1996-11-20T00:00:00-08:00

Citation: 682 So. 2d 1233, 1996 Fla. App. LEXIS 12307, 1996 WL 675430

Snippet: of a delinquency proceeding pursuant to chapter 39.0205, et seq. The trial court found D.G. incompetent

Ago

Court: Fla. Att'y Gen. | Date Filed: 1996-09-05T00:53:00-07:00

Snippet: Butterworth Attorney General RAB/tgh 1 Section 39.0205, Fla. Stat. (1995), provides the title for the

Dept. of Health & Rehab. Serv. v. St.

Court: Fla. Dist. Ct. App. | Date Filed: 1995-06-02T00:53:00-07:00

Citation: 655 So. 2d 227

Snippet: apply to juvenile delinquency proceedings.[1]See § 39.0205, et seq. Section 916.13 speaks exclusively in terms

AA v. Rolle

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-17T00:53:00-07:00

Citation: 580 So. 2d 282

Snippet: The Juvenile Justice Reform Act of 1990, see § 39.0205, Fla. Stat. (Supp. 1990), added a new subsection

Lassitter v. Intern. Union of Op. Engin.

Court: Fla. | Date Filed: 1977-05-26T00:53:00-07:00

Citation: 349 So. 2d 622

Snippet: damages suffered and the punitive damages awarded.&#39; 205 So.2d at 640." 325 So.2d at 410. The holding