FLORIDA
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
“Citation: Ann. Stat. § 39.201
The following persons are mandated reporters:
• Physicians, osteopaths, medical examiners, chiropractors, nurses, or hospital personnel
• Other health or mental health professionals
• Practitioners who rely solely on spiritual means for healing
• Teachers or other school officials or personnel
• Social workers, daycare center workers, or other professional child care, foster care, residential, or institutional workers
• Law enforcement officers or judges”
Other persons required to report
“Citation: Ann. Stat. § 39.201
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 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.
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 shall report such knowledge or suspicion to the department. 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 to the department.”
Institutional responsibility to report
“Citation: Ann. Stat. § 39.201
Nothing in this chapter or in the contracting with community-based care providers for foster care and related services as specified
in § 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 central abuse hotline.”
WHAT ARE THEY REQUIRED TO REPORT
Citation: Ann. Stat. § 39.201
A report is required when either of the following apply:
• A person knows or has reasonable cause to suspect that a child is abused, abandoned, or neglected.
• A person knows 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.
PENALTIES FOR FAILING TO REPORT
“Failure to Report
Citation: Ann. Stat. § 39.205(1)-(4)
A person who is required to report known or suspected child abuse 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, which is punishable as provided in §§ 775.082, 775.083, or 775.084. Upon conviction, the person may be punished as follows:
• Imprisoned for a term not to exceed 5 years
• Fined $5,000
Unless the court finds that the person is a victim of domestic violence or that other mitigating circumstances exist, a person age 18 or older who lives in the same house or living unit as a child who is known or suspected to be a victim of child abuse and knowingly and willfully fails to report the child abuse commits a felony of the third degree.
Any Florida College System institution; State university; or nonpublic college, university, or school 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 prevents another person from doing so, shall be subject to fines of $1 million for each such failure.
Any Florida College System institution; State university; or nonpublic college, university, or school 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.”
PENALTIES FOR FALSE REPORTING
“False Reporting
Citation: Ann. Stat. §§ 39.205(9); 39.206(1)
A person who knowingly and willfully makes a false report of child abuse, abandonment, or neglect, or who advises another to make a false report, is guilty of a felony of the third degree. Upon conviction, the person may be punished as follows:
• Imprisoned for a term not to exceed 5 years
• Fined $5,000
In addition to any other penalty authorized by this section or other law, the Department of Children and Family Services 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.”
PRIVILEGED COMMUNICATIONS
“Citation: Ann. Stat. § 39.204
Only attorney-client and clergy-penitent privileges are permitted.”
REPORTER’S IDENTITY
“Inclusion of Reporter’s Name in Report
Citation: Ann. Stat. § 39.201
Professionals who are mandated reporters are required to provide their names to hotline staff.
Disclosure of Reporter Identity
Citation: Ann. Stat. §§ 39.201; 39.202
The names of reporters shall be entered into the record of the report but shall be held confidential. The name of the reporter
may not be released to any person other than employees of the Department of Children and Family Services responsible for child protective services, the central abuse hotline, law enforcement, the child protection team, or the appropriate State attorney, without the written consent of the person reporting.
This does not prohibit the serving of a subpoena to a person reporting child abuse, abandonment, or neglect when deemed
necessary by the court, the State attorney, or the department, provided the fact that such person made the report is not disclosed.”