The Florida Senate

415.5131  Administrative fines for false report of abuse or neglect of a child.--

(1)  In addition to any other penalty authorized by this section, chapter 120, or other law, the department may impose a fine, not to exceed $1,000 for each violation, upon a person who knowingly and willfully makes a false report of abuse or neglect of a child, or a person who counsels another to make a false report.

(2)  If the department alleges that a person has filed a false report with the ¹central abuse registry and tracking system, the department must file a Notice of Intent which alleges the name, age, and address of the individual, the facts constituting the allegation that the individual made a false report, and the administrative fine the department proposes to impose on the person. Each time that a false report is made constitutes a separate violation.

(3)  The Notice of Intent to impose the administrative fine must be served upon the person alleged to have filed the false report and the person's legal counsel, if any. Such Notice of Intent must be given by certified mail, return receipt requested.

(4)  Any person alleged to have filed the false report is entitled to an administrative hearing, pursuant to chapter 120, before the imposition of the fine becomes final. The person must request an administrative hearing within 60 days after receipt of the Notice of Intent by filing a request with the department. Failure to request an administrative hearing within 60 days after receipt of the Notice of Intent constitutes a waiver of the right to a hearing, making the administrative fine final.

(5)  At the hearing, the department must prove by clear and convincing evidence that the person filed a false report with the ¹central abuse registry and tracking system. The court shall advise any person against whom a fine may be imposed of that person's right to be represented by counsel at the hearing.

(6)  In determining the amount of fine to be imposed, if any, the following factors shall be considered:

(a)  The gravity of the violation, including the probability that serious physical or emotional harm to any person will result or has resulted, the severity of the actual or potential harm, and the nature of the false allegation.

(b)  Actions taken by the false reporter to retract the false report as an element of mitigation, or, in contrast, to encourage an investigation on the basis of false information.

(c)  Any previous false reports filed by the same individual.

(7)  A decision by the department, following the administrative hearing, to impose an administrative fine for filing a false report constitutes final agency action within the meaning of chapter 120. Notice of the imposition of the administrative fine must be served upon the person and the person's legal counsel, by certified mail, return receipt requested, and must state that the person may seek judicial review of the administrative fine pursuant to s. 120.68.

(8)  All amounts collected under this section shall be deposited into an appropriate trust fund of the department.

(9)  A person who is determined to have filed a false report of abuse or neglect is not entitled to confidentiality. Subsequent to the conclusion of all administrative or other judicial proceedings concerning the filing of a false report, the name of the false reporter and the nature of the false report shall be made public, pursuant to s. 119.01(1). Such information shall be admissible in any civil or criminal proceeding.

(10)  Any person making a report who is acting in good faith is immune from any liability under this section and shall continue to be entitled to have the confidentiality of their identity maintained.

History.--s. 65, ch. 94-164.

¹Note.--Section 43, ch. 95-228, replaced the references to the central abuse registry and tracking system in s. 415.503 with references to a central abuse hotline.