Child Abuse and Neglect: Florida Statutes

(1) DEFINITIONS.—As used in this section, the term:
(a) “Aggravated child abuse” occurs when a person:
1. Commits aggravated battery on a child;
2. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
3. Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.
(b) “Child abuse” means:
1. Intentional infliction of physical or mental injury upon a child;
2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or
3. Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.
(c) “Maliciously” means wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury.
(d) “Mental injury” means injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability of the child to function within the normal range of performance and behavior as supported by expert testimony.
(e) “Neglect of a child” means:
1. A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
2. A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
Except as otherwise provided in this section, neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.
(2) OFFENSES.—
(a) A person who commits aggravated child abuse commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) EXPERT TESTIMONY.—
(a) Except as provided in paragraph (b), a physician may not provide expert testimony in a criminal child abuse case unless the physician is a physician licensed under chapter 458 or chapter 459 or has obtained certification as an expert witness pursuant to s. 458.3175.
(b) A physician may not provide expert testimony in a criminal child abuse case regarding mental injury unless the physician is a physician licensed under chapter 458 or chapter 459 who has completed an accredited residency in psychiatry or has obtained certification as an expert witness pursuant to s. 458.3175.
(c) A psychologist may not give expert testimony in a criminal child abuse case regarding mental injury unless the psychologist is licensed under chapter 490.
(d) The expert testimony requirements of this subsection apply only to criminal child abuse cases and not to family court or dependency court cases.
History.—s. 1, ch. 4721, 1899; s. 1, ch. 4971, 1901; GS 3236, 3238; RGS 5069, 5071; s. 1, ch. 9331, 1923; CGL 7171, 7173; s. 1, ch. 65-113; s. 1, ch. 70-8; s. 940, ch. 71-136; s. 49, ch. 74-383; s. 30, ch. 75-298; s. 1, ch. 84-238; s. 8, ch. 96-322; s. 16, ch. 99-168; s. 1, ch. 2003-130; s. 9, ch. 2012-155.
Note.—Former s. 828.04.

(1) Any person who:
(a) Commits any act which causes, tends to cause, encourages, or contributes to a child becoming a delinquent or dependent child or a child in need of services; or
(b) Induces or endeavors to induce, by act, threat, command, or persuasion, a child to commit or perform any act, follow any course of conduct, or live in a manner that causes or tends to cause such child to become or to remain a dependent or delinquent child or a child in need of services,
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) It is not necessary for any court exercising juvenile jurisdiction to make an adjudication that any child is delinquent or dependent or a child in need of services in order to prosecute a violation of this section. An adjudication that a child is delinquent or dependent or a child in need of services shall not preclude a subsequent prosecution of a violation of this section.
(3) A person 21 years of age or older who impregnates a child under 16 years of age commits an act of child abuse which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who impregnates a child in violation of this subsection commits an offense under this subsection regardless of whether the person is found to have committed, or has been charged with or prosecuted for, any other offense committed during the course of the same criminal transaction or episode, including, but not limited to, an offense proscribed under s. 800.04, relating to lewd, lascivious, or indecent assault or act upon any person under 16 years of age. Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crime proscribed under this subsection.
History.—s. 50, ch. 74-383; s. 30, ch. 75-298; s. 1, ch. 77-73; s. 1, ch. 77-429; s. 4, ch. 88-151; s. 8, ch. 90-53; s. 2, ch. 96-215; s. 10, ch. 96-322.

(1) The Legislature finds that most parents want to support their children and remain connected to their families. The Legislature also finds that while many parents lack the financial resources and other skills necessary to provide that support, some parents willfully fail to provide support to their children even when they are aware of the obligation and have the ability to do so. The Legislature further finds that existing statutory provisions for civil enforcement of support have not proven sufficiently effective or efficient in gaining adequate support for all children. Recognizing that it is the public policy of this state that children shall be maintained primarily from the resources of their parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through public assistance programs, it is the intent of the Legislature that the criminal penalties provided for in this section are to be pursued in all appropriate cases where civil enforcement has not resulted in payment.
(2) Any person who willfully fails to provide support which he or she has the ability to provide to a child or a spouse whom the person knows he or she is legally obligated to support commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who is convicted of a fourth or subsequent violation of subsection (2) or who violates subsection (2) and who has owed to that child or spouse for more than 1 year support in an amount equal to or greater than $5,000 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Upon a conviction under this section, the court shall order restitution in an amount equal to the total unpaid support obligation as it exists at the time of sentencing.
(5)(a) Evidence that the defendant willfully failed to make sufficient good faith efforts to legally acquire the resources to pay legally ordered support may be sufficient to prove that he or she had the ability to provide support but willfully failed to do so, in violation of this section.
1(b) The element of knowledge may be proven by evidence that a court or tribunal as defined by s. 88.1011(22) has entered an order that obligates the defendant to provide the support.
(6) It is the intent of the Legislature for the state attorneys, the Florida Prosecuting Attorneys Association, and the Department of Revenue to work collaboratively to identify strategies that allow the criminal penalties provided for in this section to be pursued in all appropriate cases, including, but not limited to, strategies that would assist the state attorneys in obtaining additional resources from available federal Title IV-D funds to initiate prosecution pursuant to this section.
History.—s. 52, ch. 74-383; s. 31, ch. 75-298; s. 200, ch. 91-224; s. 1282, ch. 97-102; s. 1, ch. 2001-51; s. 14, ch. 2002-173; s. 41, ch. 2005-39; s. 153, ch. 2007-5; s. 38, ch. 2008-61; s. 77, ch. 2011-92.
1Note.—Section 81, ch. 2011-92, provides that “[e]xcept as otherwise expressly provided in this act, this act shall take effect upon the earlier of 90 days following Congress amending 42 U.S.C. s. 666(f) to allow or require states to adopt the 2008 version of the Uniform Interstate Family Support Act, or 90 days following the state obtaining a waiver of its state plan requirement under Title IV-D of the Social Security Act.” Section 77, ch. 2011-92, amended paragraph (5)(b), to read:
(b) The element of knowledge may be proven by evidence that a court or tribunal as defined by s. 88.1011 has entered an order that obligates the defendant to provide the support.

(1) As used in this section, the following definitions shall apply:
(a) “Deviate sexual intercourse” means sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva.
(b) “Intentionally view” means to deliberately, purposefully, and voluntarily view. Proof of intentional viewing requires establishing more than a single image, motion picture, exhibition, show, image, data, computer depiction, representation, or other presentation over any period of time.
(c) “Performance” means any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience.
(d) “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do the same.
(e) “Sadomasochistic abuse” means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself.
(f) “Sexual battery” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, “sexual battery” does not include an act done for a bona fide medical purpose.
(g) “Sexual bestiality” means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other.
(h) “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast, with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”
(i) “Sexual performance” means any performance or part thereof which includes sexual conduct by a child of less than 18 years of age.
(j) “Simulated” means the explicit depiction of conduct set forth in paragraph (h) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.
(2) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child less than 18 years of age to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person is guilty of promoting a sexual performance by a child when, knowing the character and content thereof, he or she produces, directs, or promotes any performance which includes sexual conduct by a child less than 18 years of age. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) It is unlawful for any person to possess with the intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, includes any sexual conduct by a child. The possession of three or more copies of such photograph, motion picture, representation, or presentation is prima facie evidence of an intent to promote. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5)(a) It is unlawful for any person to knowingly possess, control, or intentionally view a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a child. The possession, control, or intentional viewing of each such photograph, motion picture, exhibition, show, image, data, computer depiction, representation, or presentation is a separate offense. If such photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation includes sexual conduct by more than one child, then each such child in each such photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation that is knowingly possessed, contro

History.—s. 1, ch. 61-216; s. 956, ch. 71-136; s. 65, ch. 74-383.
Note.—Former s. 828.201.

(1)(a) Any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, as defined in this chapter, or that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2).
(b) Any person who knows, or who has reasonable cause to suspect, that a child is abused by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, as defined in this chapter, shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2).
(c) 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, as defined in this chapter, shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2).
(d) Reporters in the following occupation categories are required to provide their names to the hotline staff:
1. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of persons;
2. Health or mental health professional other than one listed in subparagraph 1.;
3. Practitioner who relies solely on spiritual means for healing;
4. School teacher or other school official or personnel;
5. Social worker, day care center worker, or other professional child care, foster care, residential, or institutional worker;
6. Law enforcement officer; or
7. Judge.
The names of reporters shall be entered into the record of the report, but shall be held confidential and exempt as provided in s. 39.202.
(e) A professional who is hired by or enters into a contract with the department for the purpose of treating or counseling any person, as a result of a report of child abuse, abandonment, or neglect, is not required to again report to the central abuse hotline the abuse, abandonment, or neglect that was the subject of the referral for treatment.
(f) An officer or employee of the judicial branch is not required to again provide notice of reasonable cause to suspect child abuse, abandonment, or neglect when that child is currently being investigated by the department, there is an existing dependency case, or the matter has previously been reported to the department, provided there is reasonable cause to believe the information is already known to the department. This paragraph applies only when the information has been provided to the officer or employee in the course of carrying out his or her official duties.
(g) Nothing in this chapter or in the contracting with community-based care providers for foster care and related services as specified in s. 409.1671 shall be construed to remove or reduce the duty and responsibility of any person, including any employee of the community-based care provider, to report a suspected or actual case of child abuse, abandonment, or neglect or the sexual abuse of a child to the department’s central abuse hotline.
(h) An officer or employee of a law enforcement agency is not required to provide notice to the department of reasonable cause to suspect child abuse by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare when the incident under investigation by the law enforcement agency was reported to law enforcement by the Central Abuse Hotline through the electronic transfer of the report or call. The department’s Central Abuse Hotline is not required to electronically transfer calls and reports received pursuant to paragraph (2)(b) to the county sheriff’s office if the matter was initially reported to the department by the county sheriff’s office or another law enforcement agency. This paragraph applies only when the information related to the alleged child abuse has been provided to the officer or employee of a law enforcement agency or Central Abuse Hotline employee in the course of carrying out his or her official duties.
(2)(a) Each report of known or suspected child abuse, abandonment, or neglect by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare as defined in this chapter, except those solely under s. 827.04(3), and each report that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care shall be made immediately to the department’s central abuse hotline. Such reports may be made on the si

(1) In order to protect the rights of the child and the child’s parents or other persons responsible for the child’s welfare, all records held by the department concerning reports of child abandonment, abuse, or neglect, including reports made to the central abuse hotline and all records generated as a result of such reports, shall be confidential and exempt from the provisions of s. 119.07(1) and shall not be disclosed except as specifically authorized by this chapter. Such exemption from s. 119.07(1) applies to information in the possession of those entities granted access as set forth in this section.
(2) Except as provided in subsection (4), access to such records, excluding the name of the reporter which shall be released only as provided in subsection (5), shall be granted only to the following persons, officials, and agencies:
(a) Employees, authorized agents, or contract providers of the department, the Department of Health, the Agency for Persons with Disabilities, or county agencies responsible for carrying out:
1. Child or adult protective investigations;
2. Ongoing child or adult protective services;
3. Early intervention and prevention services;
4. Healthy Start services;
5. Licensure or approval of adoptive homes, foster homes, child care facilities, facilities licensed under chapter 393, or family day care homes or informal child care providers who receive school readiness funding, or other homes used to provide for the care and welfare of children; or
6. Services for victims of domestic violence when provided by certified domestic violence centers working at the department’s request as case consultants or with shared clients.
Also, employees or agents of the Department of Juvenile Justice responsible for the provision of services to children, pursuant to chapters 984 and 985.
(b) Criminal justice agencies of appropriate jurisdiction.
(c) The state attorney of the judicial circuit in which the child resides or in which the alleged abuse or neglect occurred.
(d) The parent or legal custodian of any child who is alleged to have been abused, abandoned, or neglected, and the child, and their attorneys, including any attorney representing a child in civil or criminal proceedings. This access shall be made available no later than 30 days after the department receives the initial report of abuse, neglect, or abandonment. However, any information otherwise made confidential or exempt by law shall not be released pursuant to this paragraph.
(e) Any person alleged in the report as having caused the abuse, abandonment, or neglect of a child. This access shall be made available no later than 30 days after the department receives the initial report of abuse, abandonment, or neglect and, when the alleged perpetrator is not a parent, shall be limited to information involving the protective investigation only and shall not include any information relating to subsequent dependency proceedings. However, any information otherwise made confidential or exempt by law shall not be released pursuant to this paragraph.
(f) A court upon its finding that access to such records may be necessary for the determination of an issue before the court; however, such access shall be limited to inspection in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then pending before it.
(g) A grand jury, by subpoena, upon its determination that access to such records is necessary in the conduct of its official business.
(h) Any appropriate official of the department or the Agency for Persons with Disabilities who is responsible for:
1. Administration or supervision of the department’s program for the prevention, investigation, or treatment of child abuse, abandonment, or neglect, or abuse, neglect, or exploitation of a vulnerable adult, when carrying out his or her official function;
2. Taking appropriate administrative action concerning an employee of the department or the agency who is alleged to have perpetrated child abuse, abandonment, or neglect, or abuse, neglect, or exploitation of a vulnerable adult; or
3. Employing and continuing employment of personnel of the department or the agency.
(i) Any person authorized by the department who is engaged in the use of such records or information for bona fide research, statistical, or audit purposes. Such individual or entity shall enter into a privacy and security agreement with the department and shall comply with all laws and rules governing the use of such records and information for research and statistical purposes. Information identifying the subjects of such records or information shall be treated as confidential by the researcher and shall not be released in any form.
(j) The Division of Administrative Hearings for

(1) Any person or organization, including the Department of Children and Family Services, may petition the court for an order making public the records of the Department of Children and Family Services which pertain to investigations of alleged abuse, abandonment, or neglect of a child. The court shall determine whether good cause exists for public access to the records sought or a portion thereof. In making this determination, the court shall balance the best interests of the child who is the focus of the investigation and the interest of that child’s siblings, together with the privacy rights of other persons identified in the reports, against the public interest. The public interest in access to such records is reflected in s. 119.01(1), and includes the need for citizens to know of and adequately evaluate the actions of the Department of Children and Family Services and the court system in providing children of this state with the protections enumerated in s. 39.001. However, this subsection does not contravene s. 39.202, which protects the name of any person reporting the abuse, abandonment, or neglect of a child.
(2) In cases involving serious bodily injury to a child, the Department of Children and Family Services may petition the court for an order for the immediate public release of records of the department which pertain to the protective investigation. The petition must be personally served upon the child, the child’s parent or guardian, and any person named as an alleged perpetrator in the report of abuse, abandonment, or neglect. The court must determine whether good cause exists for the public release of the records sought no later than 24 hours, excluding Saturdays, Sundays, and legal holidays, after the date the department filed the petition with the court. If the court does not grant or deny the petition within the 24-hour time period, the department may release to the public summary information including:
(a) A confirmation that an investigation has been conducted concerning the alleged victim.
(b) The dates and brief description of procedural activities undertaken during the department’s investigation.
(c) The date of each judicial proceeding, a summary of each participant’s recommendations made at the judicial proceeding, and the ruling of the court.
The summary information shall not include the name of, or other identifying information with respect to, any person identified in any investigation. In making a determination to release confidential information, the court shall balance the best interests of the child who is the focus of the investigation and the interests of that child’s siblings, together with the privacy rights of other persons identified in the reports against the public interest for access to public records. However, this subsection does not contravene s. 39.202, which protects the name of any person reporting abuse, abandonment, or neglect of a child.
(3) When the court determines that good cause for public access exists, the court shall direct that the department redact the name of, and other identifying information with respect to, any person identified in any protective investigation report until such time as the court finds that there is probable cause to believe that the person identified committed an act of alleged abuse, abandonment, or neglect.
History.—s. 1, ch. 2004-335.

(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.

The privileged quality of communication between husband and wife and between any professional person and his or her patient or client, and any other privileged communication except that between attorney and client or the privilege provided in s. 90.505, as such communication relates both to the competency of the witness and to the exclusion of confidential communications, shall not apply to any communication involving the perpetrator or alleged perpetrator in any situation involving known or suspected child abuse, abandonment, or neglect and shall not constitute grounds for failure to report as required by s. 39.201 regardless of the source of the information requiring the report, failure to cooperate with law enforcement or the department in its activities pursuant to this chapter, or failure to give evidence in any judicial proceeding relating to child abuse, abandonment, or neglect.
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. 2, ch. 85-28; s. 64, ch. 94-164; s. 74, ch. 97-103; s. 34, ch. 98-403; s. 3, ch. 2002-174.
Note.—Former ss. 828.041, 827.07(8); s. 415.512.

(1) A person who is required to report known or suspected child abuse, abandonment, or neglect and who knowingly and willfully fails to do so, 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 Florida Constitution shall 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 knowingly and willfully, upon receiving information from faculty, staff, or other institution employees, fail to report 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 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 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 and shall report annually to the Legislature the number of reports referred.
(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

(1) In addition to any other penalty authorized by this section, chapter 120, or other law, the department may impose a fine, not to exceed $10,000 for each violation, upon a person who knowingly and willfully makes a false report of abuse, abandonment, or neglect of a child, or a person who counsels another to make a false report.
(2) If the department alleges that a person has filed a false report with the central abuse hotline, the department must file a Notice of Intent which alleges the name, age, and address of the individual, the facts constituting the allegation that the individual made a false report, and the administrative fine the department proposes to impose on the person. Each time that a false report is made constitutes a separate violation.
(3) The Notice of Intent to impose the administrative fine must be served upon the person alleged to have filed the false report and the person’s legal counsel, if any. Such Notice of Intent must be given by certified mail, return receipt requested.
(4) Any person alleged to have filed the false report is entitled to an administrative hearing, pursuant to chapter 120, before the imposition of the fine becomes final. The person must request an administrative hearing within 60 days after receipt of the Notice of Intent by filing a request with the department. Failure to request an administrative hearing within 60 days after receipt of the Notice of Intent constitutes a waiver of the right to a hearing, making the administrative fine final.
(5) At the administrative hearing, the department must prove by a preponderance of the evidence that the person filed a false report with the central abuse hotline. The administrative hearing officer shall advise any person against whom a fine may be imposed of that person’s right to be represented by counsel at the administrative hearing.
(6) In determining the amount of fine to be imposed, if any, the following factors shall be considered:
(a) The gravity of the violation, including the probability that serious physical or emotional harm to any person will result or has resulted, the severity of the actual or potential harm, and the nature of the false allegation.
(b) Actions taken by the false reporter to retract the false report as an element of mitigation, or, in contrast, to encourage an investigation on the basis of false information.
(c) Any previous false reports filed by the same individual.
(7) A decision by the department, following the administrative hearing, to impose an administrative fine for filing a false report constitutes final agency action within the meaning of chapter 120. Notice of the imposition of the administrative fine must be served upon the person and the person’s legal counsel, by certified mail, return receipt requested, and must state that the person may seek judicial review of the administrative fine pursuant to s. 120.68.
(8) All amounts collected under this section shall be deposited into an appropriate trust fund of the department.
(9) A person who is determined to have filed a false report of abuse, abandonment, or neglect is not entitled to confidentiality. Subsequent to the conclusion of all administrative or other judicial proceedings concerning the filing of a false report, the name of the false reporter and the nature of the false report shall be made public, pursuant to s. 119.01(1). Such information shall be admissible in any civil or criminal proceeding.
(10) A person who knowingly and willfully makes a false report of abuse, abandonment, or neglect of a child, or a person who counsels another to make a false report may be civilly liable for damages suffered, including reasonable attorney fees and costs, as a result of the filing of the false report. If the name of the person who filed the false report or counseled another to do so has not been disclosed under subsection (9), the department as custodian of the records may be named as a party in the suit until the dependency court determines in a written order upon an in camera inspection of the records and report that there is a reasonable basis for believing that the report was false and that the identity of the reporter may be disclosed for the purpose of proceeding with a lawsuit for civil damages resulting from the filing of the false report. The alleged perpetrator may submit witness affidavits to assist the court in making this initial determination.
(11) Any person making a report who is acting in good faith is immune from any liability under this section and shall continue to be entitled to have the confidentiality of their identity maintained.
History.—s. 65, ch. 94-164; s. 5, ch. 98-111; s. 36, ch. 98-403; s. 13, ch. 99-193.
Note.—Former s. 415.5131.

Reports
1. April 30, 2012, House of Representatives Staff Analysis, House Bill 1355, FL Staff An., H.B. 1355, 4/30/2012
2. March 19, 2012, House of Representatives Staff Analysis, House Bill 1355, FL Staff An., H.B. 1355, 3/19/2012
3. February 28, 2012, House of Representatives Staff Analysis, House Bill 1355, FL Staff An., H.B. 1355, 2/28/2012
4. February 27, 2012, House of Representatives Staff Analysis, House Bill 1355, FL Staff An., H.B. 1355, 2/27/2012
5. February 24, 2012, House of Representatives Staff Analysis, House Bill 1355, FL Staff An., H.B. 1355, 2/24/2012
6. February 22, 2012, House of Representatives Staff Analysis, House Bill 1355, FL Staff An., H.B. 1355, 2/22/2012
7. January 30, 2012, House of Representatives Staff Analysis, House Bill 1355, FL Staff An., H.B. 1355, 1/30/2012
8. January 23, 2012, House of Representatives Staff Analysis, House Bill 1355, FL Staff An., H.B. 1355, 1/23/2012
Journals
9. March 09, 2012, Journal of the House of Representatives, 2012 Regular Session, Number 35, FL H.R. Jour., 2012 Reg. Sess., No. 35, Pt. 4
10. March 08, 2012, Journal of the Senate, 2012 Regular Session, Number 25, FL S. Jour., 2012 Reg. Sess., No. 25
11. March 07, 2012, Journal of the Senate, 2012 Regular Session, Number 24, FL S. Jour., 2012 Reg. Sess., No. 24
12. March 05, 2012, Journal of the Senate, 2012 Regular Session, Number 22, FL S. Jour., 2012 Reg. Sess., No. 22
13. March 05, 2012, Journal of the House of Representatives, 2012 Regular Session, Number 31, FL H.R. Jour., 2012 Reg. Sess., No. 31
14. January 30, 2012, Journal of the House of Representatives, 2012 Regular Session, Number 9, FL H.R. Jour., 2012 Reg. Sess., No. 9
15. January 25, 2012, Journal of the House of Representatives, 2012 Regular Session, Number 7, FL H.R. Jour., 2012 Reg. Sess., No. 7
16. January 12, 2012, Journal of the House of Representatives, 2012 Regular Session, Number 2, FL H.R. Jour., 2012 Reg. Sess., No. 2
17. January 10, 2012, Journal of the House of Representatives, 2012 Regular Session, Number 1, FL H.R. Jour., 2012 Reg. Sess., No. 1
Laws 2003, c. 2003–130, § 1, eff. June 10, 2003
Reports
18. April 03, 2003, Senate Staff Analysis and Economic Impact Statement, Senate Bill 2366, FL Staff An., S.B. 2366, 4/3/2003
Journals
19. May 02, 2003, Journal of the Senate, 2003 Regular Session, Number 22, FL S. Jour., 2003 Reg. Sess., No. 22
20. May 02, 2003, Journal of the House of Representatives, 2003 Regular Session, Number 33, FL H.R. Jour., 2003 Reg. Sess., No. 33
21. April 30, 2003, Journal of the Senate, 2003 Regular Session, Number 20, FL S. Jour., 2003 Reg. Sess., No. 20
22. April 30, 2003, Journal of the House of Representatives, 2003 Regular Session, Number 30, FL H.R. Jour., 2003 Reg. Sess., No. 30
23. April 29, 2003, Journal of the Senate, 2003 Regular Session, Number 19, FL S. Jour., 2003 Reg. Sess., No. 19
24. April 28, 2003, Journal of the Senate, 2003 Regular Session, Number 18, FL S. Jour., 2003 Reg. Sess., No. 18
25. April 24, 2003, Journal of the Senate, 2003 Regular Session, Number 16, FL S. Jour., 2003 Reg. Sess., No. 16
26. April 08, 2003, Journal of the Senate, 2003 Regular Session, Number 12, FL S. Jour., 2003 Reg. Sess., No. 12
27. March 19, 2003, Journal of the Senate, 2003 Regular Session, Number 6, FL S. Jour., 2003 Reg. Sess., No. 6
Laws 1999, c. 99–168, § 16, eff. July 1, 1999
Reports
28. April 29, 1999, Senate Staff Analysis and Economic Impact Statement, Senate Bill 338, FL Staff An., S.B. 338, 4/29/1999
29. April 08, 1999, Senate Staff Analysis and Economic Impact Statement, Senate Bill 338, FL Staff An., S.B. 338, 4/8/1999
30. February 12, 1999, Senate Staff Analysis and Economic Impact Statement, Senate Bill 338, FL Staff An., S.B. 338, 2/12/1999
Journals
31. April 30, 1999, Journal of the House of Representatives, 1999 Regular Session, Number 23, FL H.R. Jour., 1999 Reg. Sess., No. 23
32. April 29, 1999, Journal of the Senate, 1999 Regular Session, Number 24, FL S. Jour., 1999 Reg. Sess., No. 24
33. April 29, 1999, Journal of the House of Representatives, 1999 Regular Session, Number 22, FL H.R. Jour., 1999 Reg. Sess., No. 22
34. April 28, 1999, Journal of the House of Representatives, 1999 Regluar Session, Number 21, FL H.R. Jour., 1999 Reg. Sess., No. 21
35. April 23, 1999, Journal of the Senate, 1999 Regular Session, Number 20, FL S. Jour., 1999 Reg. Sess., No. 20
36. April 21, 1999, Journal of the Senate, 1999 Regular Session, Number 18, FL S. Jour., 1999 Reg. Sess., No. 18
37. April 13, 1999, Journal of the Senate, 1999 Regular Session, Number 15, FL S. Jour., 1999 Reg. Sess., No. 15
38. March 02, 1999, Journal of the Senate, 1999 Regular Session, Number 1, FL S. Jour., 1999 Reg. Sess., No. 1

Laws 2013, c. 2013–219, § 4, eff. July 1, 2013
Reports
1. June 17, 2013, FL Bill Tracking, 2013 FL H.B. 7129 (NS)
2. May 13, 2013, House of Representatives Staff Analysis, House Bill 7129, FL Staff An., H.B. 7129, 5/13/2013
3. May 03, 2013, House of Representatives Staff Analysis, House Bill 7129, FL Staff An., H.B. 7129, 5/3/2013
4. April 18, 2013, House of Representatives Staff Analysis, House Bill 7129, FL Staff An., H.B. 7129, 4/18/2013
5. April 12, 2013, House of Representatives Staff Analysis, House Bill 7129, FL Staff An., H.B. 7129, 4/12/2013
6. April 09, 2013, House of Representatives Staff Analysis, House Bill 7129, FL Staff An., H.B. 7129, 4/9/2013
Journals
7. May 03, 2013, Journal of the House of Representatives, 2013 Regular Session, Number 41, FL H.R. Jour., 2013 Reg. Sess., No. 41
8. May 03, 2013, Journal of the House of Representatives, 2013 Regular Session, Number 41, Pt. III, FL H.R. Jour., 2013 Reg. Sess., No. 41, Pt. III
9. May 03, 2013, Journal of the Senate, 2013 Regular Session, Number 23, FL S. Jour., 2013 Reg. Sess., No. 23
10. April 24, 2013, Journal of the House of Representatives, 2013 Regular Session, Number 34, FL H.R. Jour., 2013 Reg. Sess., No. 34
11. April 24, 2013, Journal of the Senate, 2013 Regular Session, Number 16, FL S. Jour., 2013 Reg. Sess., No. 16
12. April 23, 2013, Journal of the House of Representatives, 2013 Regular Session, Number 33, FL H.R. Jour., 2013 Reg. Sess., No. 33
13. April 18, 2013, Journal of the House of Representatives, 2013 Regular Session, Number 30, FL H.R. Jour., 2013 Reg. Sess., No. 30
14. April 09, 2013, Journal of the House of Representatives, 2013 Regular Session, Number 23, FL H.R. Jour., 2013 Reg. Sess., No. 23
Laws 2013, c. 2013–15, § 6, eff. July 2, 2013
Reports
15. April 11, 2013, FL Bill Tracking, 2013 FL S.B. 690 (NS)
16. February 20, 2013, Senate Staff Analysis and Economic Impact Statement, Senate Bill 690, FL Staff An., S.B. 690, 2/20/2013
17. February 07, 2013, Senate Staff Analysis and Economic Impact Statement, Senate Bill 690, FL Staff An., S.B. 690, 2/7/2013
Journals
18. April 10, 2013, Journal of the Senate, 2013 Regular Session, Number 11, FL S. Jour., 2013 Reg. Sess., No. 11
19. April 09, 2013, Journal of the Senate, 2013 Regular Session, Number 10, FL S. Jour., 2013 Reg. Sess., No. 10
20. April 03, 2013, Journal of the Senate, 2013 Regular Session, Number 8, FL S. Jour., 2013 Reg. Sess., No. 8
Laws 2012, c. 2012–178, § 4, eff. July 1, 2012
Reports
21. April 30, 2012, House of Representatives Staff Analysis, House Bill 803, FL Staff An., H.B. 803, 4/30/2012
22. March 16, 2012, House of Representatives Staff Analysis, House Bill 803, FL Staff An., H.B. 803, 3/16/2012
23. February 06, 2012, House of Representatives Staff Analysis, House Bill 803, FL Staff An., H.B. 803, 2/6/2012
24. January 31, 2012, House of Representatives Staff Analysis, House Bill 803, FL Staff An., H.B. 803, 1/31/2012
25. January 18, 2012, House of Representatives Staff Analysis, House Bill 803, FL Staff An., H.B. 803, 1/18/2012
26. January 12, 2012, House of Representatives Staff Analysis, House Bill 803, FL Staff An., H.B. 803, 1/12/2012
Journals
27. March 08, 2012, Journal of the Senate, 2012 Regular Session, Number 25, FL S. Jour., 2012 Reg. Sess., No. 25
28. March 05, 2012, Journal of the Senate, 2012 Regular Session, Number 22, FL S. Jour., 2012 Reg. Sess., No. 22
29. January 25, 2012, Journal of the House of Representatives, 2012 Regular Session, Number 7, FL H.R. Jour., 2012 Reg. Sess., No. 7
30. January 19, 2012, Journal of the House of Representatives, 2012 Regular Session, Number 4, FL H.R. Jour., 2012 Reg. Sess., No. 4
31. January 17, 2012, Journal of the House of Representatives, 2012 Regular Session, Number 3, FL H.R. Jour., 2012 Reg. Sess., No. 3
32. January 12, 2012, Journal of the House of Representatives, 2012 Regular Session, Number 2, FL H.R. Jour., 2012 Reg. Sess., No. 2
33. January 10, 2012, Journal of the House of Representatives, 2012 Regular Session, Number 1, FL H.R. Jour., 2012 Reg. Sess., No. 1
Laws 2012, c. 2012–155, § 1, eff. Oct. 1, 2012
Reports
34. April 30, 2012, House of Representatives Staff Analysis, House Bill 1355, FL Staff An., H.B. 1355, 4/30/2012
35. March 19, 2012, House of Representatives Staff Analysis, House Bill 1355, FL Staff An., H.B. 1355, 3/19/2012
36. February 28, 2012, House of Representatives Staff Analysis, House Bill 1355, FL Staff An., H.B. 1355, 2/28/2012
37. February 27, 2012, House of Representatives Staff Analysis, House Bill 1355, FL Staff An., H.B. 1355, 2/27/2012
38. February 24, 2012, House of Representatives Staff Analysis, House Bill 1355, FL Staff An., H.B. 1355, 2/24/2012
39. F