Florida Child Abuse Laws

Code Section

39.202, 39.205; 39.201; 39.01(2)

What constitutes abuse?

Florida statute broadly defines child abuse. It includes acts of intentional act or threatened acts that impact the child’s welfare. The state law also recognizes that there are two different categories of abusive conduct:

Child abuse:

• Intentional infliction of physical or mental injury to a child
• Any intentional act which could result in physical or mental injury to a child
• Encouraging others to commit acts that result in injury to the child

Aggravated child abuse:

• Commission of aggravated battery on the child
• Malicious corporal punishment
• Willful torture of the child
• Intentionally causing great bodily harm to the child, permanent disfigurement or disability

Mental injury:

• Causing injury to the psychological or mental capacity of the child
• Creating substantial impairment to the child’s ability to function normally

Neglect of a child:

• Failure to give the child essential care, supervision, and services
• Withholding necessary medical care
• Providing inadequate nutrition, food, clothing, or shelter
• Failure to protect the child from abuse, exploitation, or neglect by another person

Sexual abuse:

• Direct sexual exploitation or abuse
• Exposing the child to sexual predators
• Creating a condition that allows sexual abuse against the child

Mandatory reporters

Anyone who knows or has reasonable suspicion that a child is experiencing abuse, neglect, or abandonment by a parent, legal guardian, or caregiver should file a report.

However, Florida statute enforces strict reporting requirements for certain professionals with direct contact or interaction with the child.

The following people are mandatory reporters in Florida:

• Physicians
• Osteopathic physicians
• Medical examiners
• Chiropractors
• Nurses
• Hospital personnel engaged in admission, examination, care, or treatment
• Health or mental health professionals not listed in the medical category
• Practitioners who rely solely on spiritual means for healing
• School teachers
• Other school officials
• School personnel
• Social workers
• Daycare center workers
• Professional childcare workers
• Foster care workers
• Residential workers
• Institutional workers
• Law enforcement officers
• Judges

Reporting procedures

Florida state law provides multiple avenues to report cases of child abuse. You can contact the Florida Abuse Hotline at 1-800-962-2873. You can also report abuse online through the Florida Department of Children and Families (DCF) website.

The DCF is authorized to conduct the following actions:

• Interview the child subjected to abuse
• Conduct abuse investigations
• Develop safety plans for the child
• Access relevant records
• File a petition for protective orders
• Work with law enforcement agencies

For emergencies, it is best to dial 911 or call your local law enforcement agency to seek immediate help.

Penalty for failure to report or false reporting

Fla. Stat. § 39.205 enforces penalties on those who failed to report child abuse or who filed false allegations of abuse.

Failure to report child abuse could result in the following penalties:

• Third-degree felony
• Up to 5 years of imprisonment
• Maximum fine of up to $5,000
• Possibility of extended sentences for repeat offenders

These penalties apply to those who willfully and knowingly fail to report and to those who willfully and knowingly prevent others from filing a report.

 False reporting:

• Third-degree felony
• Up to 5 years imprisonment
• Maximum $5,000 fine

These penalties apply to those who advise others to file a false report. However, the Florida statute gives good-faith reporters immunity.