Required reports of child abuse, abandonment, or neglect, sexual abuse of a child, and juvenile sexual abuse; required reports of death; reports involving a child who has exhibited inappropriate sexual behavior.§ 39.201
DCF forms citing it: CF/PI 175-17 Child Abuse and Neglect in Florida - A Guide for Professionals
21 opinions cite § 39.201
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Welker v. Southern Baptist Hosp. of Florida, Inc. 864 So. 2d 1178 · 1D02-4894 · 1st DCA 2004
· cited by 5 in all courts
…[wa]s psychologically harmful, and pose[d] a serious threat of bodily harm." Count I alleged that Brink violated a statutory duty imposed by section 39.201, Florida Statutes (1999), by failing to report known or suspected child abuse to the Department of Children and Family Services. According to the allegations,…
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Johns Hopkins All Children's Hospital, Inc. v. Kowalski 2D2024-0382 · 2nd DCA 2025
…pervasive impact on the trial. The trial court considered two sections of chapter 39 and applicable precedent addressing the statutory language. Section 39.201(1)(a) addresses mandatory reporting of child abuse and provides, in relevant part: "Any person who knows, or has reasonable cause to suspect, that a child is…
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Estate of Rotell ex rel. Rotell v. Kuehnle 38 So. 3d 783 · 2D09-501 · 2nd DCA 2010
· cited by 24 in all courts
…incident. [3] The Rotells also alleged that Dr. Kuehnle had a statutory obligation to report known or reasonably suspected child abuse under section 39.201, Florida Statutes (1998). We agree with the circuit court's conclusion that the Rotells could not use section 39.201 to establish that duty because the…
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Ross v. Blank 958 So. 2d 437 · 4D06-2712 · 4th DCA 2007
· cited by 11 in all courts
…for summary judgment in which she argued that her statements were made in accordance with the mandatory reporting requirements imposed on her by section 39.201(1), Florida Statutes, and that statements made in compliance therewith are immune from civil liability pursuant to section 39.203(1)(a), Florida Statutes. The…
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Urquhart v. Helmich 947 So. 2d 539 · 1D06-1439 · 1st DCA 2006
· cited by 3 in all courts
…related statutes. Section 39.203, Florida Statutes affords a general grant of immunity to a person who makes a report of child abuse in good faith. Section 39.201, Florida Statutes, is more specific, in that it establishes a mandatory reporting requirement for medical doctors and other health care professionals who have…
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DuFresne v. State 826 So. 2d 272 · SC01-246 · Florida Supreme Court 2002
· cited by 34 in all courts
…As a result of the 1998 legislative amendments to chapter 415, section 415.504, requiring the reporting of child abuse, was renumbered (as amended) as section 39.201. See ch. 98-403, § 31, Laws of Florida. Although section 415.505 was repealed in 1998, provisions providing for protective investigations similar to those…
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E.Z.P. v. H.P., Jr. 756 So. 2d 188 · 3D99-1819 · 3rd DCA 2000
· cited by 2 in all courts
…on the question of whether the mother's efforts to alienate the child from his father constituted child abuse. The trial judge apparently relied on section 39.201, Florida Statutes (1999), which reads, in pertinent part, as follows: (1) Any person, including, but not limited to, any: (g) Judge, who knows, or has…
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State v. Carter 177 So. 3d 1028 · 5D14-4204 · 5th DCA 2015
· cited by 1 in all courts
…report abuse of vulnerable adults to the Department of Children and Families. The same requirement applies to suspected child abuse and neglect under section 39.201, Florida Statutes (2013). These mandatory reporting requirements necessitate communication between medical personnel — often the first to learn of abuse — and…
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Department of Children & Families v. T.T. 111 So. 3d 992 · 1D12-4725 · 1st DCA 2013
…because the requirements imposed *993 by those paragraphs are contrary to provisions in the Florida Statutes governing the Department. See §§ 39.00145(4), 39.201(5), 39.301, and 39.303(1), (2), Fla. Stat. (2012). REVERSED in part, and AFFIRMED in part. VAN NORTWICK, MARSTILLER, and RAY, JJ., concur.
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Mahmood v. Mahmood 15 So. 3d 1 · 4D08-4743 · 4th DCA 2009
· cited by 3 in all courts
…of detriment”: A report to the abuse hotline requires only that a person "knows, or has reasonable cause to suspect, that a child is abused [§ 39.201(1)(a), Fla. Stat. (2008)]. There are no limitations as to date, and there is no requirement that the parent or caregiver have been an adult when the report was…
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In re K.M. 978 So. 2d 211 · 2D07-1609 · 2nd DCA 2008
· cited by 6 in all courts
Grandmother's appeal of the child's placement with the father dismissed; legal custodians are participants, not parties, and lack standing to appeal.
…although the term "legal custodian" is used throughout chapter 39, usually in conjunction with "parent," see, e.g., §§ 39.01(1) (definition of "abandoned"), 39.201(1)(a) (requirement for reporting child abuse, etc.), 39.402(1) (criteria for placing a child in shelter), the term is not defined in chapter 39. It appears to cover…
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In re Doe 973 So. 2d 548 · 2D07-5975 · 2nd DCA 2008
· cited by 14 in all courts
…or sexual abuse of the minor petitioner by any person, the court shall report the evidence of child abuse or sexual abuse of the petitioner, as provided in s. 39.201. If the court does not make the finding specifled in this paragraph or paragraph (c), it must dismiss the petition. The Honorable Raul C. Palomino, Jr.,…
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In re D.G. 970 So. 2d 486 · 2D07-1969 · 2nd DCA 2007
· cited by 4 in all courts
Certiorari denied; the court properly ordered chemotherapy and radiation for the child despite short notice, and the mother's other arguments were unpreserved.
…(providing for confidentiality of patient records but allowing for legal review upon subpoena and notice). Compare 45 C.F.R. 164.512(b)(1)(ii) (2002); § 39.201(1)(b)1, Fla. Stat. (2006) (providing for mandatory disclosure of certain protected health information).
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State v. Grayson 965 So. 2d 334 · 5D06-3131 · 5th DCA 2007
…dismissal of the prosecution of the false reporter. REVERSED and REMANDED. TORPY, J., and GRAHAM, R.S., Associate Judge, concur. NOTES [1] See § 39.201(1)(b)6., Fla. Stat. (2006) (Law enforcement is required to provide their names to the hotline staff). [2] We confess it was disconcerting to hear that the abuse…
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Doherty v. John Doe No. 22 957 So. 2d 1267 · 4D07-140 · 4th DCA 2007
…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 *1269 report, failure to cooperate with law enforcement or the department in its activities…
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Behrens v. Regier 422 F.3d 1255 · CA11-04-14820 · 11th Cir. 2005
· cited by 64 in all courts
Dismissal affirmed: a father listed by DCF as a verified child abuser alleged no stigma-plus liberty interest, and there is no fundamental right to adopt.
…evidence.” R.M. v. Dep’t of Children & Families, 886 So. 2d 329, 331 (Fla. 5th DCA 2004). 3 Fla. Stat. Ann. § 39.201(4). While these reports are generally kept confidential, they may be disclosed to “[e]mployees, authorized agents, or contract providers of the [DCF], the…
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Nussbaumer v. State 882 So. 2d 1067 · 2D03-5573 · 2nd DCA 2004
· cited by 28 in all courts
…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…
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Sierra v. Sierra 776 So. 2d 966 · 3D00-271 · 3rd DCA 2000
· cited by 2 in all courts
…and Families. We agree with the former husband's contention that this provision is unnecessary in light of the mandatory reporting requirements of section 39.201, Florida Statutes (1999), and misleading and prejudicial when one considers the court's custody rulings. For these reasons, we reverse the award of…
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In re Amendments to Florida Rule of Judicial Administration 2.420, the Florida Rules of Juvenile Procedure, and the Florida Rules of Appellate Procedure—2020 Joint Fast-Track Report SC20-873-2 · Florida Supreme Court 2021
… The court, having made a finding under this section, will report the abuse as is required by section 39.201, Florida Statutes. ..... The minor has proven by clear and convincing evidence that ………. notification of notice and consent or ………. consent…
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In re Amendments to Florida Rule of Judicial Administration 2.420, the Florida Rules of Juvenile Procedure, and Florida Rule of Appellate Procedure Form 9.900(f) – 2020 Joint Fast-Track Report SC20-873 · Florida Supreme Court 2020
… The court, having made a finding under this section, will report the abuse as is required by section 39.201, Florida Statutes. ..... The minor has proven by clear and convincing evidence that ………. notification of ………. consent from OR ………. notification of…
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In re Amendments to Fl Rules of Juv. Proc. 907 So. 2d 1161 · SC05-950 · Florida Supreme Court 2005
· cited by 5 in all courts
… ____________________________ _________________ The court, having made a finding under this section, will report the abuse as is required by section 39.201, Florida Statutes. ___ The minor has proven by a preponderance of the evidence that notification of a parent or guardian is not in the best interest of the…
No opinion cites this provision by number.
6 admin code rules cite § 39.201
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.
- Rule 65C-29.002 Reports of Child Abuse, Neglect or Abandonment. Implements
- Rule 65C-29.003 Child Protective Investigations. (2)(a)cites (1)(b)
- Rule 65C-29.006 Foster Care Referrals. Implements
- Rule 65C-30.020 Child Fatalities. Implements
- Rule 65C-46.007 Child Abuse and Neglect and Incident Notification Procedures. (2)
- Rule 65C-46.016 Standards for Runaway Shelters. (1)(f)
No admin code rule cites this provision.
11 CFOPs cite § 39.201
How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.
- CFOP 75-8 Policies and Procedures of Contract Oversight p. 4
- CFOP 140-2 Adult Protective Services p. 39
- CFOP 155-57 Care of Pregnant Females in State Mental Health Treatment Facilities p. 5
- CFOP 170-1 Florida Child Welfare Practice Model p. 128 (1)(a)p. 170 (1)(a)
- CFOP 170-2 Completing Hotline Intake Assessment p. 4p. 8 (1)(d)p. 19p. 20 (5)p. 35 (1d)
- CFOP 170-4 Child Maltreatment Index p. 7p. 8
- CFOP 170-6 Child Fatality Response p. 4 (3)
- CFOP 170-8 Plan of Safe Care for Infants Affected by Prenatal Substance Use p. 4
- CFOP 170-14 Response to the Human Trafficking of Children p. 1p. 5 (2)p. 6 (2)
- CFOP 170-20 Child Care Licensing Program Desk Reference Guide p. 50 (6)p. 106 (6)p. 107 (6)p. 151p. 152p. 153 (1)(d)p. 159
- CFOP 180-2 Policies and Procedures of the Office of the Inspector General p. 10
No CFOP cites this provision.
Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.
(1) MANDATORY REPORTING. —
(a)1. A person is required to report immediately to the central abuse hotline established in s. 39.101, in writing, through a call to the toll-free telephone number, or through electronic reporting, if he or she knows, or has reasonable cause to suspect, that any of the following has occurred:
a. Child abuse, abandonment, or neglect by a parent or caregiver, which includes, but is not limited to, when a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare or when 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 such supervision and care.
b. Child abuse by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare. The central abuse hotline must immediately electronically transfer such reports to the appropriate county sheriff’s office.
2. Any person who knows, or has reasonable cause to suspect, that a child is the victim of sexual abuse or juvenile sexual abuse shall report such knowledge or suspicion to the central abuse hotline, including if the alleged incident involves a child who is in the custody of or under the protective supervision of the department.
Such reports may be made in writing, through the statewide toll-free telephone number, or through electronic reporting.
(b)1. A person from the general public may make a report to the central abuse hotline anonymously if he or she chooses to do so.
2. A person making a report to the central abuse hotline whose occupation is in any of the following categories is required to provide his or her name to the central abuse hotline counselors:
a. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of persons;
b. Health care professional or mental health professional other than a person listed in sub-subparagraph a.;
c. Practitioner who relies solely on spiritual means for healing;
d. School teacher or other school official or personnel;
e. Social worker, day care center worker, or other professional child care worker, foster care worker, residential worker, or institutional worker;
f. Law enforcement officer;
g. Judge; or
h. Animal control officer as defined in s. 828.27(1)(b) or agent appointed under s. 828.03.
(c) Central abuse hotline counselors shall advise persons under subparagraph (b)2. who are making a report to the central abuse hotline that, while their names must be entered into the record of the report, the names of reporters are held confidential and exempt as provided in s. 39.202. Such counselors must receive periodic training in encouraging all reporters to provide their names when making a report.
(2) EXCEPTIONS TO REPORTING. —
(a) An additional report of child abuse, abandonment, or neglect is not required to be made by:
1. A professional who is hired by or who enters into a contract with the department for the purpose of treating or counseling a person as a result of a report of child abuse, abandonment, or neglect if such person was the subject of the referral for treatment or counseling.
2. An officer or employee of the judicial branch when the child is currently being investigated by the department, when there is an existing dependency case, or when the matter has previously been reported to the department if there is reasonable cause to believe that the information is already known to the department. This subparagraph applies only when the information related to the alleged child abuse, abandonment, or neglect has been provided to such officer or employee in the course of carrying out his or her official duties.
3. An officer or employee of a law enforcement agency 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 telephone call. The department’s central abuse hotline is not required to electronically transfer calls or reports received under sub-subparagraph (1)(a)1.b. to the county sheriff’s office if the matter was initially reported to the department by the county sheriff’s office or by another law enforcement agency. This subparagraph applies only when the information related to the alleged child abuse, abandonment, or neglect has been provided to the officer or employee of a law enforcement agency or central abuse hotline counselor in the course of carrying out his or her official duties.
(b) Nothing in this section or in the contract with community-based care providers for foster care and related services as specified in s. 409.987 may 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 known or suspected case of child abuse, abandonment, or neglect to the department’s central abuse hotline.
(3) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS. —
(a) Abuse occurring out of state. —
1. Except as provided in subparagraph 2., the central abuse hotline may not take a report or call of known or suspected child abuse, abandonment, or neglect when the report or call is related to abuse, abandonment, or neglect that occurred out of state and the alleged perpetrator and alleged victim do not live in this state. The central abuse hotline must instead transfer the information in the report or call to the appropriate state or country.
2. If the alleged victim is currently being evaluated in a medical facility in this state, the central abuse hotline must accept the report or call for investigation and must transfer the information in the report or call to the appropriate state or country.
(b) Reports received from emergency room physicians. — The department must initiate an investigation when it receives a report from an emergency room physician.
(c) Abuse involving impregnation of a child. — A report must be immediately electronically transferred to the appropriate county sheriff’s office or other appropriate law enforcement agency by the central abuse hotline if the report is of an instance of known or suspected child abuse involving impregnation of a child 15 years of age or younger by a person 21 years of age or older under s. 827.04(3). If the report is of known or suspected child abuse under s. 827.04(3), subsection (1) does not apply to health care professionals or other professionals who provide medical or counseling services to pregnant children when such reporting would interfere with the provision of such medical or counseling services.
(d) Institutional child abuse or neglect. — Reports involving known or suspected institutional child abuse or neglect must be made and received in the same manner as all other reports made under this section.
(e) Surrendered infants. —
1. The central abuse hotline must receive reports involving surrendered infants as described in s. 383.50.
2.a. A report may not be considered a report of child abuse, abandonment, or neglect solely because the infant has been left at a hospital, emergency medical services station, or fire station under s. 383.50.
b. If the report involving a surrendered infant does not include indications of child abuse, abandonment, or neglect other than that necessarily entailed in the infant having been left at a hospital, emergency medical services station, or fire station, the central abuse hotline must provide to the person making the report the name of an eligible licensed child-placing agency that is required to accept physical custody of and to place surrendered infants. The department shall provide names of eligible licensed child-placing agencies on a rotating basis.
3. If the report includes indications of child abuse, abandonment, or neglect beyond that necessarily entailed in the infant having been left at a hospital, emergency medical services station, or fire station, the report must be considered as a report of child abuse, abandonment, or neglect and, notwithstanding chapter 383, is subject to s. 39.395 and all other relevant provisions of this chapter.
(4) REPORTS OF CHILD ABUSE, ABANDONMENT, OR NEGLECT BY A PARENT, LEGAL CUSTODIAN, CAREGIVER, OR OTHER PERSON RESPONSIBLE FOR A CHILD’S WELFARE. —
(a)1. Upon receiving a report made to the central abuse hotline, the department shall determine if the received report meets the statutory criteria for child abuse, abandonment, or neglect.
2. Any report meeting the statutory criteria for child abuse, abandonment, or neglect must be accepted for a child protective investigation pursuant to part III of this chapter.
(b)1. Any call received from a parent or legal custodian seeking assistance for himself or herself which does not meet the criteria for being a report of child abuse, abandonment, or neglect may be accepted by the central abuse hotline for response to ameliorate a potential future risk of harm to a child.
2. The department must refer the parent or legal custodian for appropriate voluntary community services if it is determined by the department that a need for community services exists.
(5) REPORTS OF SEXUAL ABUSE OF A CHILD OR JUVENILE SEXUAL ABUSE; REPORTS OF A CHILD WHO HAS EXHIBITED INAPPROPRIATE SEXUAL BEHAVIOR. —
(a)1. Sexual abuse of a child or juvenile sexual abuse must be reported immediately to the central abuse hotline, including any alleged incident involving a child who is in the custody of or under the protective supervision of the department. Such reports may be made in writing, through the statewide toll-free telephone number, or through electronic reporting.
2. Within 48 hours after the central abuse hotline receives a report under subparagraph 1., the department shall conduct an assessment, assist the family in receiving appropriate services under s. 39.307, and send a written report of the allegation to the appropriate county sheriff’s office.
(b) Reports involving a child who has exhibited inappropriate sexual behavior must be made and received by the central abuse hotline. Within 48 hours after receiving a report under this paragraph, the department shall conduct an assessment, assist the family in receiving appropriate services under s. 39.307, and send a written report of the allegation to the appropriate county sheriff’s office.
(c) The services identified in the assessment conducted under paragraph (a) or paragraph (b) must be provided in the least restrictive environment possible and must include, but are not limited to, child advocacy center services under s. 39.3035 and sexual abuse treatment programs developed and coordinated by the Children’s Medical Services Program in the Department of Health under s. 39.303.
(d) The department shall ensure that the facts and results of any investigation of sexual abuse of a child or juvenile sexual abuse involving a child in the custody of or under the protective supervision of the department are made known to the court at the next hearing and are included in the next report to the court concerning the child.
(e)1. In addition to conducting an assessment and assisting the family in receiving appropriate services, the department shall conduct a child protective investigation under part III of this chapter if the incident leading to a report occurs on school premises, on school transportation, at a school-sponsored off-campus event, at a public or private school readiness or prekindergarten program, at a public K-12 school, at a private school, at a Florida College System institution, at a state university, or at any other school. The child protective investigation must include an interview with the child’s parent or legal custodian.
2. The department shall orally notify the Department of Education; the law enforcement agency having jurisdiction over the municipality or county in which the school, program, institution, or university is located; and, as appropriate, the superintendent of the school district in which the school is located, the administrative officer of the private school, or the owner of the private school readiness or prekindergarten program provider.
3. The department shall make a full written report to the law enforcement agency having jurisdiction over the municipality or county in which the school, program, institution, or university is located within 3 business days after making the oral report. Whenever possible, any criminal investigation must be coordinated with the department’s child protective investigation. Any interested person who has information regarding sexual abuse of a child or juvenile sexual abuse may forward a statement to the department.
(6) MANDATORY REPORTS OF A CHILD DEATH. — Any person required to report or investigate cases of suspected child abuse, abandonment, or neglect who has reasonable cause to suspect that a child died as a result of child abuse, abandonment, or neglect shall report his or her suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and report his or her findings, in writing, to the local law enforcement agency, the appropriate state attorney, and the department. Autopsy reports maintained by the medical examiner are not subject to the confidentiality requirements under s. 39.202.
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. 7, ch. 84-226; s. 37, ch. 85-54; s. 68, ch. 86-163; s. 34, ch. 87-238; s. 21, ch. 88-337; s. 33, ch. 89-294; s. 6, ch. 90-50; s. 51, ch. 90-306; s. 7, ch. 91-57; s. 17, ch. 91-71; s. 6, ch. 93-25; s. 59, ch. 94-164; ss. 22, 44, ch. 95-228; s. 9, ch. 95-266; s. 51, ch. 95-267; s. 133, ch. 95-418; s. 1, ch. 96-215; s. 14, ch. 96-268; s. 14, ch. 96-402; s. 271, ch. 96-406; s. 1041, ch. 97-103; s. 43, ch. 97-264; s. 257, ch. 98-166; s. 31, ch. 98-403; s. 4, ch. 99-168; s. 10, ch. 99-193; s. 41, ch. 2000-139; s. 3, ch. 2000-188; s. 1, ch. 2000-217; s. 1, ch. 2001-53; s. 1, ch. 2003-127; s. 7, ch. 2006-86; s. 2, ch. 2008-90; s. 5, ch. 2008-245; s. 3, ch. 2009-43; s. 1, ch. 2012-155; s. 4, ch. 2012-178; s. 6, ch. 2013-15; s. 4, ch. 2013-219; ss. 5, 50, ch. 2014-224; s. 1, ch. 2016-58; s. 1, ch. 2016-238; s. 2, ch. 2019-142; s. 3, ch. 2021-170; s. 3, ch. 2024-213.