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The
2008 Florida Statutes
Title V
JUDICIAL BRANCH -
Chapter 39
39.203 Immunity from liability in cases of child abuse,
abandonment, or neglect.
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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.
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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.
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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.
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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.
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