Florida Statutes 39.011 – Immunity from liability
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 39.011
- Case plan: means a document, as described in…. See Florida Statutes 39.01
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Children and Families. See Florida Statutes 39.01
- Social service agency: means the department, a licensed child-caring agency, or a licensed child-placing agency. See Florida Statutes 39.01
- willful: refers to the intent to perform an action, not to the intent to achieve a result or to cause an injury. See Florida Statutes 39.01
(1) In no case shall employees or agents of the department or a social service agency acting in good faith be liable for damages as a result of failing to provide services agreed to under the case plan unless the failure to provide such services occurs as a result of bad faith or malicious purpose or occurs in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
(2) The inability or failure of the department or of a social service agency or the employees or agents of the social service agency to provide the services agreed to under the case plan shall not render the state or the social service agency liable for damages unless such failure to provide services occurs in a manner exhibiting wanton or willful disregard of human rights, safety, or property.
(3) A member or agent of a citizen review panel acting in good faith is not liable for damages as a result of any review or recommendation with regard to a dependency matter unless such member or agent exhibits wanton and willful disregard of human rights or safety, or property.