What it means
A person who participates in making a report under s. 415.1034, or in a judicial proceeding resulting from it, is presumed to be acting in good faith. Unless lack of good faith is shown by clear and convincing evidence, the person is immune from any civil or criminal liability that might otherwise be incurred or imposed. The immunity does not extend to a person suspected of abusing, neglecting, or exploiting, or committing any illegal act against, a vulnerable adult.
A resident or employee of a facility serving vulnerable adults may not be subjected to reprisal or discharge because of reporting abuse, neglect, or exploitation under s. 415.1034.
A person who makes a report under s. 415.1034 has a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the reporter's employment status because of the report. A detrimental change in residency or employment status within 120 days after the report establishes a rebuttable presumption that the action was retaliatory.
- A person who participates in a report under s. 415.1034, or in a resulting judicial proceeding, is presumed to act in good faith (§ 415.1036(1)).
- The reporter is immune from civil and criminal liability unless lack of good faith is shown by clear and convincing evidence (§ 415.1036(1)).
- No immunity extends to a person suspected of abusing, neglecting, or exploiting, or committing an illegal act against, a vulnerable adult (§ 415.1036(1)).
- A facility resident or employee may not be subjected to reprisal or discharge for reporting (§ 415.1036(1)).
- A reporter has a civil action for compensatory and punitive damages against anyone who causes detrimental changes in employment status because of the report (§ 415.1036(2)).
- A detrimental change within 120 days after the report creates a rebuttable presumption of retaliation (§ 415.1036(2)).
Text of the statute (2026)
(1) Any person who participates in making a report under s. 415.1034 or participates in a judicial proceeding resulting therefrom is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from any liability, civil or criminal, that otherwise might be incurred or imposed. This section does not grant immunity, civil or criminal, to any person who is suspected of having abused, neglected, or exploited, or committed any illegal act upon or against, a vulnerable adult. Further, a resident or employee of a facility that serves vulnerable adults may not be subjected to reprisal or discharge because of the resident’s or employee’s actions in reporting abuse, neglect, or exploitation pursuant to s. 415.1034.
(2) Any person who makes a report under s. 415.1034 has a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of the reporting party by reason of the reporting party’s making the report. Any detrimental change made in the residency or employment status of such a person, such as, but not limited to, discharge, termination, demotion, transfer, or reduction in pay or benefits or work privileges, or negative evaluations, within 120 days after the report is made establishes a rebuttable presumption that the detrimental action was retaliatory.
Excerpts are the subsections the summary relies on. Read the full official text of § 415.1036.
History. s. 98, ch. 95-418; s. 30, ch. 2000-349.
How it applies
The immunity attaches to participation in a report made under s. 415.1034 and in the judicial proceedings that follow. The presumption of good faith places the burden of showing lack of good faith on the party who asserts it, at the clear and convincing standard.
The employment protections in subsection (2) turn on the 120-day window: a listed change such as discharge, termination, demotion, transfer, or reduction in pay or benefits within that period is presumed retaliatory, and the presumption can be rebutted.
Related sections
Questions people ask
Sources
- Florida Statutes (2026), s. 415.1036, Florida Senate (Subsections (1) and (2): good-faith presumption, immunity, anti-reprisal protection, and the 120-day presumption. Quote: "is presumed to be acting in good faith")
- Online Sunshine, Florida Statutes (2026), s. 415.1036 (Text, catchline, and History line checked against this page on 2026-10-17.)
- Florida Statutes (2026), s. 415.1034, Florida Senate (The reports to which the immunity applies.)
Last checked: October 17, 2026
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