Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Immunity from liability.§ 39.011

Part I · General Provisions · 2026 Florida Statutes
Also cited as § 39.455, its former number: those opinions are included (4 as § 39.455).
Each citation is matched to today's text through the statutes the opinion applied (1997 on), so renumbered subsections land in the right place; those show "Cited as".

4 opinions cite § 39.011

  1. B.J.M. v. Department of Health & Rehabilitative Services 627 So. 2d 512 · 3D92-1004 · 3rd DCA 1993

    This opinion cites § 39.011 8 times, a subsectionCited as § 39.455 (1991 statutes), now § 39.011Also cites § 39.455(2) under the 1991 statutes, too old to match to today's subsections.

    …collateral estoppel based on the juvenile court proceedings, lack of subject matter jurisdiction based on the juvenile proceedings, immunity based on section 39.455, Florida Statutes (1991), and Legal Services' lack of standing. The trial court granted H.R.S.' motion for summary judgment without specifying any grounds;…

  2. B.J.M. v. Department of Health & Rehabilitative Services 627 So. 2d 512 · DCA92-1004 · District Court of Appeal 1993

    This opinion cites § 39.011 8 times, a subsectionCited as § 39.455 (1991 statutes), now § 39.011Also cites § 39.455(2) under the 1991 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …collateral es-toppel based on the juvenile court proceedings, lack of subject matter jurisdiction based on the juvenile proceedings, immunity based on section 39.455, Florida Statutes (1991), and Legal Services’ lack of standing. The trial court granted H.R.S.’ motion for summary judgment without specifying any grounds;…

  3. Department HRS v. B.J.M. 656 So. 2d 906 · SC83067 · Florida Supreme Court 1995

    This opinion cites § 39.011 7 times, a subsectionCited as § 39.455 (1991 statutes), now § 39.011Also cites § 39.455(2) under the 1991 statutes, too old to match to today's subsections.

    · cited by 86 in all courts

    …to provide necessary services was not protected by sovereign immunity; (4) collateral estoppel did not bar B.J.M.'s action for damages; and (5) section 39.455, Florida Statutes (1991), which provides immunity for HRS's failure to comply with a performance agreement, did not bar B.J.M.'s negligence action. The court…

  4. Johnson v. Sackett 793 So. 2d 20 · 2D99-2514 · 2nd DCA 2001

    This opinion cites § 39.011 1 time, the section generallyCited as § 39.455 (1987 statutes), now § 39.011

    …to the prelitigation investigation of a child abuse complaint. Chapter 39, Florida Statutes (1987), included no similar grant of immunity, other than section 39.455 which granted qualified immunity to the social service agency and its employees and agents for failing to provide services under a performance plan.

0 admin code rules cite § 39.011

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.

No admin code rule cites § 39.011.

0 CFOPs cite § 39.011

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

No CFOP cites § 39.011.

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(1) In no case shall employees or agents of the department or a social service agency acting in good faith be liable for damages as a result of failing to provide services agreed to under the case plan unless the failure to provide such services occurs as a result of bad faith or malicious purpose or occurs in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

(2) The inability or failure of the department or of a social service agency or the employees or agents of the social service agency to provide the services agreed to under the case plan shall not render the state or the social service agency liable for damages unless such failure to provide services occurs in a manner exhibiting wanton or willful disregard of human rights, safety, or property.

(3) A member or agent of a citizen review panel acting in good faith is not liable for damages as a result of any review or recommendation with regard to a dependency matter unless such member or agent exhibits wanton and willful disregard of human rights or safety, or property.

History. s. 9, ch. 87-289; s. 13, ch. 90-306; s. 7, ch. 97-95; s. 21, ch. 98-403; s. 5, ch. 99-193.