Immunity from liability in cases of child abuse, abandonment, or neglect.§ 39.203
5 opinions cite § 39.203
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Johns Hopkins All Children's Hospital, Inc. v. Kowalski 2D2024-0382 · 2nd DCA 2025
…on January 6, 2017; battery for unspecified dates; and fraudulent billing. The trial court's erroneous interpretation and application of section 39.203(1)(a), Florida Statutes (2016), and the immunity afforded thereunder, as well as the trial court's erroneous denial of JHACH's motions for directed verdicts and…
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Ross v. Blank 958 So. 2d 437 · 4D06-2712 · 4th DCA 2007
· cited by 11 in all courts
…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 motion also argued that the other allegedly defamatory statements made by Blank fell under the litigation privilege because they were…
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Urquhart v. Helmich 947 So. 2d 539 · 1D06-1439 · 1st DCA 2006
· cited by 3 in all courts
… Whether a doctor is immune from civil liability for making an allegedly false child abuse report depends on the application of two 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…
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Floyd v. Department of Children & Families 855 So. 2d 204 · 1D02-4282 · 1st DCA 2003
· cited by 2 in all courts
…is not entitled to section 768.28 immunity. Appellee also claims that summary judgment was appropriate because it had statutory immunity pursuant to section 39.203, Florida Statutes. However, the cause of action accrued in 1996, and section 39.203 did not come into being until 1998, when it replaced section 415.511. Ch.…
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Johnson v. Sackett 793 So. 2d 20 · 2D99-2514 · 2nd DCA 2001
…the legislature has now specifically provided only qualified immunity for caseworkers like Ms. Sackett for "any act authorized or required" by chapter 39, § 39.203(1)(a), Fla. Stat. (2000). Thus, in future cases, the distinct roles of caseworker and department attorney will be more akin to that of an investigating officer and…
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No admin code rule cites § 39.203.
1 CFOP cite § 39.203
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- CFOP 170-20 Child Care Licensing Program Desk Reference Guide p. 153
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(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.