39.203 Immunity from liability in cases of child abuse, abandonment, or neglect.—
(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.
Cited 7 times | Published | Florida 4th District Court of Appeal | 2007 WL 1263511
...Blank filed a motion 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....
...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 shall report such knowledge or suspicion to the department. . . ." § 39.201, Fla. Stat. (2002). Section 39.203(1)(a), Florida Statutes (2002), provides immunity from liability in connection with such reporting: Any person, official, or institution participating in good faith in any act authorized or required by this chapter, or reporting in goo...
...The trial court found the doctor was immune from civil liability as a matter of law and granted summary judgment in her favor. Id. In examining the relationship between the mandatory reporting requirement of section 39.201 and the grant of immunity provided to those who make a report by section 39.203, the First District drew a distinction between the immunity provided to an ordinary citizen who makes a report and a doctor who reports possible abuse discovered in the course of treatment....
Cited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 3780393
...Based on this conclusion, the trial court granted summary judgment for Dr. Helmich. The Urquharts now appeal to this court. 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 specific, in that it establishes a mandatory reporting requirement for medical doctors and other health care professionals who have reasonable cause to suspect that a child has been abused or neglected. The good faith immunity afforded by section 39.203 applies broadly to any person who makes a report of child abuse....
...1st DCA 1986), the court held that the trial court erred in
dismissing a count of negligently reporting a crime, although it also stated that
“[t]he allegations upon which all the counts of appellant’s complaint are based
include acts beyond the innocent misunderstanding portrayed in Pokorny.” To the
2 See § 39.203, Fla....
Published | Florida 1st District Court of Appeal | 2003 WL 22142512
...Applying the case-by-case analysis mandated by Yamuni, we conclude that Yamuni controls here, and requires the *206 further conclusion that appellee 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....
Published | Florida 2nd District Court of Appeal | 2001 WL 293233
...Department file the petition for dependency. § 39.501(3)(a), Fla. Stat. (2000). In addition, 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....
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