1 | A bill to be entitled |
2 | An act relating to immunity from liability; amending s. |
3 | 39.203, F.S.; providing that a person is immune from civil |
4 | and criminal liability for reporting child pornography to |
5 | the Department of Children and Family Services or to a law |
6 | enforcement agency; providing that any person suspected of |
7 | being involved in the production, distribution, or |
8 | possession of child pornography may not be granted |
9 | immunity from liability; amending s. 847.0139, F.S.; |
10 | providing that a person is immune from criminal liability |
11 | for reporting child pornography to a law enforcement |
12 | officer; providing an effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Section 39.203, Florida Statutes, is amended to |
17 | read: |
18 | 39.203 Immunity from liability in cases involving of child |
19 | abuse, abandonment, or neglect or reports of child |
20 | pornography.-- |
21 | (1)(a) Any person, official, or institution participating |
22 | in good faith in any act authorized or required by this chapter, |
23 | or reporting in good faith any instance of child abuse, |
24 | abandonment, or neglect or any incident involving child |
25 | pornography to the department or any law enforcement agency, is |
26 | shall be immune from any civil or criminal liability that which |
27 | might otherwise result by reason of the such action. |
28 | (b) Except as provided in this chapter, nothing contained |
29 | in this section shall be deemed to grant immunity, civil or |
30 | criminal, to any person suspected of having abused, abandoned, |
31 | or neglected a child, or having committed any illegal act upon |
32 | or against a child, including the production, distribution, or |
33 | possession of child pornography. |
34 | (2)(a) A No resident or employee of a facility serving |
35 | children may not be subjected to reprisal or discharge because |
36 | of his or her actions in reporting abuse, abandonment, or |
37 | neglect pursuant to the requirements of this section. |
38 | (b) Any person making a report under this section shall |
39 | have a civil cause of action for appropriate compensatory and |
40 | punitive damages against any person who causes detrimental |
41 | changes in the employment status of the such reporting party by |
42 | reason of his or her making a such report. Any detrimental |
43 | change made in the residency or employment status of the such |
44 | person, including, but not limited to, discharge, termination, |
45 | demotion, transfer, or reduction in pay or benefits or work |
46 | privileges, or negative evaluations within a prescribed period |
47 | of time shall establish a rebuttable presumption that the such |
48 | action was retaliatory. |
49 | Section 2. Section 847.0139, Florida Statutes, is amended |
50 | to read: |
51 | 847.0139 Immunity from civil and criminal liability for |
52 | reporting child pornography, transmission of child pornography, |
53 | or any image, information, or data harmful to minors to a minor |
54 | in this state.--Any person who reports to a law enforcement |
55 | officer what the person reasonably believes to be child |
56 | pornography, transmission of child pornography, or any image, |
57 | information, or data that is harmful to minors to a minor in |
58 | this state may not be held civilly or criminally liable for the |
59 | such reporting. For purposes of this section, the such reporting |
60 | may include furnishing the law enforcement officer with any |
61 | image, information, or data that the person reasonably believes |
62 | to be evidence of child pornography, transmission of child |
63 | pornography, or an image, information, or data that is harmful |
64 | to minors to a minor in this state. |
65 | Section 3. This act shall take effect July 1, 2004. |