Child Abuse Reporting Laws for Florida

State and Statute: Florida, Stats. §§ 39.201 et seq.

What Is Reportable “Abuse”: Physical, sexual, mental abuse, or neglect, by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare. Physical, sexual, or mental abuse by any adult. [39.201] and [39.01]

Mandatory Reporters: Any person who knows, or has reasonable cause to suspect, that a child is abused. “Any person who knows, or has reasonable cause to suspect, that a child is the victim of childhood sexual abuse or the victim of a known or suspected juvenile sexual offender … shall report such knowledge or suspicion.” [39.20(1)(a)2(c)]

How and Where to Report: To the Department of Children and Family Services’ toll-free statewide 24-hour telephone hotline (1-800-962-2873) or via fax, web-based chat, or web-based report (https://reportabuse.dcf.state.fl.us/Child/ChildForm.aspx). [39.201(1)]

Timeline to Report: Immediately. [39.201(1)]

Clergy Privilege: “The privileged quality of communication…except that between attorney and client or the [clergy-penitent] privilege, as such communication relates both to the competency of the witness and to the exclusion of confidential communication involving the perpetrator or alleged perpetrator in any situation involving known or suspected child abuse…and shall not constitute grounds for failure to report…or failure to give evidence in any judicial proceeding relating to child abuse.” [39.204]

Penalty for Knowingly Failing to Report: Third-degree felony. [39.205(1)]

Civil Liability for Failure to Report Recognized? No statute recognizes civil liability. Consult with legal counsel to ensure no recent court decisions in Florida have recognized civil liability.

Immunity for Inaccurate Report: “Any person … 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 … shall be immune from any civil or criminal liability which might otherwise result by reason of such action.” [39.203(1)(a)]

Disclosure of Mandatory Reporter’s Identity: Reporter’s identity held confidential and exempt from release to any person, other than those specified in statute, unless reporter provides written consent. [39.202(5)]

Additional Information for Florida:

All information provided here was most recently verified in March of 2023.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

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