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Florida

Fla. Stat. §§ 39.201, 39.204, 39.205Florida mandatory-reporting statute

Clergy named as mandatory reporter?
No
Confessional exemption?
Yes
Statute
Fla. Stat. §§ 39.201, 39.204, 39.205
Clergy named
All-person
Pending
2 (CS/SB590)

Florida has one of the broader reporting frameworks in the country. Section 39.201 imposes the duty on any person with reasonable cause to suspect child abuse, abandonment, neglect, sexual abuse, or juvenile sexual abuse, and routes those reports to the 24/7 central abuse hotline operated by the Department of Children and Families. Knowing failure to report is a third-degree felony under § 39.205(1), and schools, colleges, and universities whose administrators knowingly fail to report face institutional fines up to $1 million. The carveout sits one section away from the reporting duty: § 39.204 abrogates spousal and most professional-client privileges in child-abuse matters but expressly preserves attorney-client privilege and the clergy-penitent privilege at § 90.505. The 2026 legislative session is moving CS/SB 590 and its House companion HB 373 to toll the statute of limitations on failure-to-report offenses until law enforcement learns of the violation, targeting institutional concealment. Neither bill touches the § 39.204 carveout itself. Closing that carveout is the work UCO is pushing in Florida and every state where a confession-style privilege sits inside the reporting statute.

Section 01What needs to change

What needs to change in Florida.

  • All-person reporting trigger at § 39.201(1)(a)

    Section 39.201(1)(a) places the duty on 'a person' (not a closed list of professions) who knows or has reasonable cause to suspect child abuse, abandonment, neglect, sexual abuse, or juvenile sexual abuse. Reports go to the Florida Abuse Hotline, the central 24/7 intake run by the Department of Children and Families. Clergy are covered as members of the general public, the same way every other adult is.

    View source ↗
  • Clergy-penitent privilege expressly preserved at § 39.204

    Section 39.204 abrogates privileged communications in child-abuse matters but contains a textual exception that preserves two privileges: attorney-client and 'the privilege provided in s. 90.505,' Florida's clergy-penitent (spiritual-counsel) privilege. The carveout is unusual for being written directly into the reporting chapter rather than left to inference from the general evidence code. The result: clergy in Florida are bound by the universal § 39.201 reporting duty, but information learned during confidential spiritual counsel covered by § 90.505 remains both privileged in court and (via the cross-reference in § 39.204) is not a basis for liability for failure to report.

    View source ↗
  • Failure-to-report penalties at § 39.205(1)

    Knowing and willful failure to report, or knowingly and willfully preventing another person from reporting, is a third-degree felony. Section 39.205 also imposes institutional fines up to $1 million on Florida College System institutions, state universities, and nonpublic colleges and schools whose administrators knowingly fail to report. The institutional-fine provision was added after the Penn State scandal and reflects continued legislative investment in strengthening, not weakening, the existing reporting regime.

    View source ↗
  • What § 90.505 actually covers

    Section 90.505 defines the clergy-penitent privilege as confidential communications made to a member of the clergy acting in the capacity of spiritual adviser. The privilege belongs to the person who made the communication; the clergy member may invoke it on that person's behalf. The Third District's 2025 *Castano* decision applied the privilege to family-counseling conversations where the pastor was acting as spiritual adviser, demonstrating that the statutory definition can reach beyond the traditional confessional setting.

    View source ↗
  • 2026 enforcement bills target the limitations clock, not the carveout

    CS/SB 590 (Sen. Bradley) and HB 373 (Rep. Duggan) amend Fla. Stat. § 775.15 to toll the statute of limitations for failure-to-report offenses under § 39.201 until a law enforcement agency or another governmental agency, excluding the institution where the violation occurred, is made aware of the violation. The bills tighten enforceability against institutional concealment, but neither touches § 39.204 or the clergy-penitent carveout. The legislative arc is enforcement-side, not scope-side.

    View source ↗
Section 02What's needed

What it takes to close the gap.

Section 03Pending action

Bills in motion right now.

  • CS/SB590passed one chamber

    Statute of Limitations Period for Violations Involving Required Reports Concerning Children

    Amends Fla. Stat. § 775.15 to toll the limitations period for offenses involving failure to make a mandatory report under § 39.201 until a law enforcement agency or other governmental agency (excluding the institution where the violation occurred) is made aware of the violation. Tolling applies to any offense not already time-barred at the bill's effective date of July 1, 2026. The official Senate page records passage in both chambers with the last action listed as ordered enrolled on March 17, 2026. The bill strengthens enforceability of the existing § 39.201 duty; it does not reach the § 39.204 clergy-penitent carveout.

    SponsorsSen. Jennifer Bradley, Senate Committee on Children, Families, and Elder Affairs
    View source ↗
  • HB373committee

    Statute of Limitations Period for Violations Involving Required Reports Concerning Children

    House companion to CS/SB 590 (Rep. Duggan). Tolls the limitations period for failure-to-report offenses under § 39.201 until law enforcement or another governmental agency, excluding the institution where the violation occurred, learns of the violation. House staff analysis dated February 12, 2026 reports favorable committee votes from Criminal Justice (13-0) and Human Services (14-0), with Judiciary referral pending. Like its Senate counterpart, HB 373 does not amend § 39.204.

    SponsorsRep. Wyman Duggan
    View source ↗
Section 04How you can help

Concrete ways to support reform in Florida.

Donate

Donate.

Donations fund Florida-specific research and coalition outreach as advocates work to close the § 39.204 carveout that keeps confidential spiritual-counseling communications outside the universal reporting duty.

Mission supportDonate
Section 05Timeline

How Florida got here.

  • 1971
    Chapter 39 reporting duty enacted

    Florida codifies the modern child-abuse reporting framework in Chapter 39 of the Florida Statutes, including the universal reporting duty at § 39.201, the privilege abrogation at § 39.204, and the failure-to-report penalty at § 39.205. The framework has been amended repeatedly since enactment.

    View source ↗
  • 2004
    Nussbaumer confirms the § 39.204 carveout

    The Second District Court of Appeal applies § 39.204 in a lewd-molestation prosecution and quashes orders compelling pastoral testimony covered by § 90.505. Background appellate authority for the preserved-privilege posture.

    View source ↗
  • 2012
    Post-Penn-State institutional fines added to § 39.205

    The legislature adds $1 million institutional fines for Florida College System institutions, state universities, and nonpublic colleges and schools whose administrators knowingly fail to report. The amendment reflects continued legislative investment in strengthening the existing reporting regime.

    View source ↗
  • 2025-05
    Castano reversal

    The Third District Court of Appeal reverses Fernando Castano's child sexual abuse convictions because the trial court admitted pastor testimony about confidential spiritual counseling in violation of the § 39.204 / § 90.505 carveout. Recent appellate-level demonstration that the carveout reaches family-counseling communications, not only the traditional confessional setting.

    View source ↗
  • 2026-02
    HB 373 advances in House committees

    House staff analysis dated February 12, 2026 reports favorable committee votes on HB 373 from Criminal Justice (13-0) and Human Services (14-0), with Judiciary referral pending. The bill tolls the limitations period for failure-to-report offenses under § 39.201.

    View source ↗
  • 2026-03
    CS/SB 590 ordered enrolled

    The Florida Senate page for CS/SB 590 lists the last action as ordered enrolled on March 17, 2026, following passage in both chambers. The bill tolls the limitations period for § 39.201 failure-to-report offenses with an effective date of July 1, 2026.

    View source ↗
Section 06Key cases

Litigation shaping the law.

  • Castano v. State

    No. 3D22-2081 (Fla. 3d DCA May 14, 2025)2025

    The Third District Court of Appeal reversed Fernando Castano's child sexual abuse convictions because the trial court admitted testimony from a pastor and certified counselor about Castano's confidential spiritual-counseling admissions. The appellate court held that the conversation satisfied every element of the § 90.505 clergy-penitent privilege, including communications made during family counseling, and that § 39.204's express preservation of that privilege required exclusion of the pastor's testimony notwithstanding the underlying child-abuse subject matter. The most recent appellate confirmation that Florida's preserved-privilege posture continues to do work in child sexual abuse prosecutions.

    View source ↗
  • Nussbaumer v. State

    882 So. 2d 1067 (Fla. 2d DCA 2004)2004

    In a lewd-molestation prosecution, the Second District held that § 39.204 abrogates privileges in child-abuse matters except attorney-client and clergy communications privilege. Because the communications to Pastor Nussbaumer satisfied § 90.505, the court held the pastor's testimony and related records were privileged and quashed orders compelling disclosure. Background appellate authority establishing how Florida courts read the § 39.204 carveout in practice; *Castano* (2025) is the most recent application.

    View source ↗
Section 07Background

Public-record sources UCO is tracking.

Always verify against the underlying statute or filing before quoting.

  • The Florida Senate· 2025
    Fla. Stat. § 39.201 (2025) — Required reports of child abuse, abandonment, or neglect, sexual abuse of a child, and juvenile sexual abuse

    Principal mandatory-reporting statute. Subsection (1)(a) imposes the duty on 'a person' who knows or has reasonable cause to suspect covered child abuse, with reports routed to the central abuse hotline. Anchors the all-person statusBucket.

    View source ↗
  • The Florida Senate· 2025
    Fla. Stat. § 39.204 (2025) — Abrogation of privileged communications in cases involving child abuse, abandonment, or neglect

    Operative privilege-abrogation section. Abrogates spousal and professional-client privileges in child-abuse cases but expressly preserves attorney-client privilege and the § 90.505 clergy-penitent privilege. Anchors the preserved privilegePosture.

    View source ↗
  • The Florida Senate· 2025
    Fla. Stat. § 39.205 (2025) — Penalties relating to reporting of child abuse, abandonment, or neglect

    Failure-to-report penalty section. Makes knowing and willful failure to report a third-degree felony and imposes $1 million institutional fines on schools, colleges, and universities whose administrators knowingly fail to report. The penalty is real, but the clergy-penitent carveout it would reach remains intact.

    View source ↗
  • The Florida Legislature / Online Sunshine· 2025
    Fla. Stat. § 90.505 — Privilege with respect to communications to clergy

    Defines the clergy-penitent privilege preserved by § 39.204. A person may refuse to disclose, and may prevent another from disclosing, confidential communications made to a member of the clergy acting as a spiritual adviser.

    View source ↗
  • The Florida Senate· 2026
    CS/SB 590 (2026) — Statute of Limitations Period for Violations Involving Required Reports Concerning Children

    Current-session enforcement bill. Tolls the limitations period for § 39.201 failure-to-report offenses until law enforcement or another governmental agency (excluding the institution where the violation occurred) is made aware of the violation. Official page lists the last action as ordered enrolled after passage by both chambers; effective date July 1, 2026.

    View source ↗
  • Child Welfare Information Gateway, U.S. HHS Children's Bureau· May 2023
    Clergy as Mandatory Reporters of Child Abuse and Neglect — Florida

    Federal state-statute summary. Confirms that § 39.201 imposes a universal 'any person' reporting duty and that §§ 39.204 and 90.505 preserve the clergy-penitent privilege alongside attorney-client. Authoritative federal cross-reference for both the all-person statusBucket and the preserved privilegePosture.

    View source ↗
  • HuffPost (Joey Francilus)· 2012-10-01
    Protection of Vulnerable Persons Act criminalizes failure to report child abuse in Florida

    Contemporaneous report confirming HB 1355 (Ch. 2012-155) was introduced in response to the Penn State scandal, quoting Rep. Chris Dorworth, and documenting the institutional-fine provision.

    View source ↗
Last reviewed May 20, 2026 · by Unheard Child Org research teamHow we track this

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