Florida’s Mandatory Reporting Laws Guide
Florida’s mandatory reporting laws were enacted for the purpose of protecting children, the elderly, and other vulnerable persons from abuse or neglect. These laws impose a duty upon members of certain professions to report suspected abuse or neglect to the appropriate authorities. In some cases, failure to report or false reporting can lead to serious legal consequences, including criminal liability.
In 1971, Florida enacted its Child Abuse Reporting Law, which is codified under Florida Statute Section 39.201. The law imposes a mandatory duty upon individuals in certain professions (known as "mandatory reporters") to report suspected child abuse or neglect to the Florida Department of Children and Families ("DFACS"). Generally, any person who knows, or has reasonable cause to suspect, that a child is being abused or neglected must make a report. Mandatory reporters include, but are not limited to, doctors, nurses, school teachers, social workers, daycare center workers, mental health experts, law enforcement officers, and commercial film and photograph processors.
Florida’s Elder Abuse Reporting Law is codified under Florida Statute Section 415 . 1034. This law requires mandatory reporters, including doctors, nurses, and other professionals, to report elder abuse or neglect to the Florida Department of Children and Families ("DFACS"). Additional professions are included in the statute and may vary from day care providers to financial institutions.
In most jurisdictions, any state citizen who believes he or she has information regarding the abuse or neglect of a disabled or older adult is common law required to promptly report such facts to local law enforcement agencies or the Florida Department of Children and Families ("DFACS") without any regard to the source of the information possessed by the reporter. Failure to promptly report such information may be a first-degree misdemeanor or felony, with the penalty including up to a one year jail term or a $ 5,000 fine.
In addition, in Florida, pursuant to Florida Statute Sections 777.04 and 837.02, the crime of false reporting includes knowingly or willfully providing false information to any law enforcement officer concerning the alleged abuse, neglect, or exploitation of an elderly person or disabled adult.
Who Must Report in Florida?
Florida Statute defines "person" to include an individual, corporation, business trust, estate, trust, association, partnership, limited liability company, or other legal entity.
Under such provisions of Florida Statute, the following is a non-exhaustive list of those who are obligated to report child abuse:
physician
psychiatrist
psychologist
clinical social worker
mental health counselor
school official
teacher
practical nurse
registered nurse
medical examiner
pharmacist
therapist
podiatrist
trauma surgeon
The state provides immunity from criminal or civil liability to any person who reports in good faith a suspicion of child abuse. Failure to report suspected child abuse is considered a third degree felony.
In most cases, mandated reporters must include their name, address, and telephone number to be immune from civil or criminal penalties for failing to report. Any person who receives information about possible child abuse from a mandated reporter must report to the Department of Children and Families or the Department’s Child Abuse Hotline. The law protects the identity of the mandatory reporter, but if the identity of the person making a report is revealed, administrators, supervisors, or employers may not retaliate against the mandatory reporter for making such report.
What Kinds of Abuse and Neglect Must be Reported?
Failing to adhere to this list is a violation of duty and carries possible criminal penalties. Knowing what is on the list and what it means is the first step in preventing a criminal conviction.
The first category is child abuse or neglect. This includes any situation in which there is evidence or suspicion that a child is being abandoned, abused, or neglected. If you have reason to believe that any of this is happening in the life of your child client, it is your duty to report it immediately to the Florida Abuse Hotline. The second category is elder abuse or neglect. In Florida, this means that you need to report it immediately to the Florida Abuse Hotline if you have reason to believe that there is physical, mental, or sexual abuse taking place or the danger of this taking place to an individual aged 18 and older. The third category is abuse or neglect of a person who is considered disabled and at least 18 years of age. Similar to the previous two categories, if you believe there is a situation in which an individual with a disability is being abused or neglected, you need to immediately report this to the Florida Abuse Hotline.
If you work in duties for which your role is specifically excluded from being a mandatory reporter, the abuse or neglect does not qualify for reporting under your specific role. If you have a feeling that the person may be at risk but do not have any duty to report, you can still make a report anyway. It is not illegal for you to call and get information about reporting potential abuse or neglect but you would not be able to be called as a witness if the case goes to court.
How to Report in Florida
All reports of suspected abuse and neglect must be made in person or by phone. Certain professionals may be allowed to submit a report electronically after notifying the Department of Children and Families (DCF) of the complaint via telephone, but this exception does not apply to most professionals.
Reports must be made to the DCF Child Abuse Hotline (the "Hotline"). The hotline can be reached by phone or fax:
• Phone: 1- 800- 96ABUSE (1-800-962-2873) local 850-410-1738
• Fax: 1-800-914-0004
Unless a professional has reported the same alleged abuse within the previous 12 months the alleged abuse must be reported within 24 hours of the professional’s knowledge of it or suspicion of it.
The information discussed in the above section "Who are mandated reporters?" is not a complete list of individuals required to report incidences of abuse. The complete list of mandated reporters as well as other relevant information about who must report abuse can be found in the Florida Statutes.
If the professional has any reason to suspect abuse , it is his or her responsibility to make the complaint to the Hotline. It is not acceptable to ask another employee or manager to make a complaint.
Anonymous complaints are accepted but to the extent possible all complaints should include the following information:
• The name and address of the child and of his or her parents or guardians;
• The age and race of the child;
• The name and address of the alleged perpetrator (if known); and
• The nature of the suspected abuse, abandonment, or neglect and any evidence of such existing family problem.
Missed Reporting Penalties
Under Florida law, a person required to report and who willfully and knowingly fails to do so commits a misdemeanor of the third degree. Importantly, Florida Statute 39.205 specifically states that "the knowing failure of any person required to make the report [of abuse or neglect] to do so is grounds for criminal prosecution of the person." A third-degree misdemeanor is punishable by up to 60 days in jail and a $500 fine.
Additionally, there are disciplinary consequences for failing to report. Florida law imposes mandatory employment-related sanctions that apply when a person required to report successfully prosecutes for failing to report. The following employment sanctions apply: Finally, a person found to have willfully and knowingly failed to report may be civilly liable for damages under Florida Statute 39.205. Notably, "[t]he immunity from liability provided in this subsection does not apply to any law-enforcement officer or personnel in the Department of Children and Families acting in good faith who is responding to a report filed under subsection (1) if the conduct of the law-enforcement officer or personnel constitutes malicious purpose, intentional and common-law or statutory violation of a constitutional right, or a breach of a known duty."
Who Is a Protected Reporter?
Any individual who makes a good faith disclosure about an instance of suspected child abuse or neglect is immune from any civil or criminal liability that might otherwise be incurred . Questions have arisen only about whether this immunity extends to the whole of the disclosure (i.e., not just the part about possible child abuse), but the issue would appear academic, as individuals will want to ensure that they are thorough in their report.