REPORTING REQUIREMENTS IN FLORIDA
Although every person has a responsibility to report suspected abuse, neglect, or abandonment of children, older adults, or vulnerable adults, some occupations are specified in Florida law as required to report to the state hotline. These occupations are considered professionally mandated reporters, and the names of such reporters are entered into the record of the report but held as confidential (Online Sunshine, 2023c). However, informed consent may be required before reporting cases of domestic violence against competent adult victims (see box below).
Occupations Required to Report Abuse
According to F.S. 39.201, and F.S. 415.1034, mandatory reports of child, older adult, or vulnerable adult abuse, abandonment, or neglect must be reported by the following occupations:
- Assisted living facility staff
- Adult day care center staff
- Adult family care home staff
- Bank, savings and loan, or credit union officer, trustee, or employee
- Chiropractor/chiropractic physician
- Day care center staff
- Department of Business and Professional Regulation staff conducting inspections of public lodging establishments
- Emergency medical technician
- Florida Advocacy Council member
- Foster care worker
- Hospital personnel engaged in the admission, examination, care, or treatment of children or vulnerable adults
- Health professional
- Institutional worker
- Judge
- Law enforcement officer
- Long-term care ombudsman council member
- Medical examiner
- Mental health professional
- Nurse
- Nursing home staff
- Osteopath/osteopathic physician
- Paramedic
- Physician
- Practitioner who relies solely on spiritual means for healing
- Professional adult care, residential, or institutional staff
- Professional child care worker
- Residential care worker
- School teacher
- School official or other school personnel
- Social worker
- State, county, or municipal criminal justice employee or law enforcement officer
(Online Sunshine, 2023c)
INFORMED CONSENT AND REPORTING DOMESTIC VIOLENCE
One exception to the mandatory reporting of abuse concerns victims of domestic violence. In Florida, a healthcare provider may not report domestic violence without informed consent from an adult, even if the victim discloses the violence. A competent adult is considered to have the right of privacy and self-determination. Therefore, reporting suspected domestic violence without informed consent is considered unethical in the state of Florida and may leave the healthcare provider who reported the violence open to civil action.
F.S. 790.24, however, does require healthcare professionals who knowingly treat a gunshot wound or life-threatening injury indicating an act of violence to report immediately to the county sheriff’s department, with or without the victim’s consent (Online Sunshine, 2023d).
Content of Reports
The mandated person reporting abuse should be prepared to describe:
- Victim name(s)
- Possible responsible person or alleged perpetrator name(s)
- Complete address and/or directions to the location
- Telephone numbers, including area code
- Estimated or actual dates of birth
- Social Security numbers, if available
- A brief, concise description of abuse, neglect, abandonment, or exploitation, including physical, mental, or sexual injuries, if any
- Names of other residents and their relationship to the victim(s), if available
- A brief description of the victim’s disability or infirmity for vulnerable adults
- The relationship of the alleged perpetrator to the victim(s)
Where to Report
The victim of domestic violence should be counseled to report the incident to law enforcement and be referred for guidance and support to a local domestic violence advocacy organization. The Florida Domestic Violence Hotline number is 800-500-1119 (TTY 800-621-4202).
Florida Statutes chapters 39 and 415 state that any person who knows or has reasonable cause to suspect child abuse; neglect or abandonment by a parent, legal custodian, caregiver, or other responsible person; or abuse, neglect, and exploitation of vulnerable adults (including older adults) who are unable to adequately provide for their own care or protection shall immediately report such knowledge or suspicion to the Florida Abuse Hotline of the Department of Children and Families (see “Resources” at the end of this course).