HB 1515

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


CODING: Words stricken are deletions; words underlined are additions.