Sexual Assault in a Florida Rehab: Rights, Reporting, and Civil Claims
Key takeaways
Florida guarantees people in substance abuse services rights, including dignity respected "at all times and upon all occasions" and services "administered skillfully, safely, humanely" (s. 397.501).
Florida pays for an initial forensic examination whether or not the person cooperates with law enforcement, and the victim may not be billed (s. 960.28).
Licensed programs must have a code of ethical conduct prohibiting employees and volunteers from sexual activity with people receiving services (Rule 65D-30.004).
Criminal and civil cases are separate, and facility responsibility is never automatic. It depends on proof (s. 397.4073; Rule 65D-30.0046).
There is no single civil deadline, and reporting to police or an agency does not extend one (s. 95.11; s. 768.28).
Table of Contents
If you were sexually assaulted while you were in a rehab, detox, or other behavioral health program in Florida, we are sorry. Nothing about being in treatment made this your fault, and you do not have to decide anything today.
If you need help right now
If you are in immediate danger, call 911 (DOJ Office on Violence Against Women; Florida DCF).
Florida statewide sexual violence helpline: 1-888-956-7273. The Florida Department of Health lists this number to connect you with local services, and states that Florida funds certified rape crisis centers providing crisis intervention, advocacy, counseling, therapy, and hotline services 24 hours a day, 7 days a week (Florida Department of Health). Programs are listed by county (Florida Council Against Sexual Violence).
National Sexual Assault Hotline: 800-656-HOPE (800-656-4673), or text HOPE to 64673. 988 Suicide and Crisis Lifeline: call or text 988. Both appear in the U.S. Department of Justice directory for crime victims (Office for Victims of Crime).
You can call any of these without deciding whether to talk to police or to a lawyer.
Why we wrote this
Our practice is limited to serious injuries and deaths inside rehabilitation, detox, addiction treatment, sober living, and related behavioral health settings in Florida. Survivors of assaults in those settings are often given very little information, and the rules that govern the program are hard to find. You should be able to learn what your rights were and what your options are, whether or not you ever call a lawyer.
Your rights in a licensed Florida program
Florida licenses substance use disorder providers under Chapter 397, Florida Statutes, and Rule Chapter 65D-30, Florida Administrative Code, administered by the Department of Children and Families (DCF).
The statute says people receiving these services "are guaranteed protection of the rights specified in this section," and that "service providers must ensure the protection of such rights." Those rights include dignity that "must be respected at all times and upon all occasions," services "administered skillfully, safely, humanely, with full respect for his or her dignity and personal integrity," a right to personal effects, and confidentiality of records. Restraint and seclusion, where authorized, may be applied only by employees trained in those methods. The statute adds that personnel "who violate or abuse any right or privilege of an individual under this chapter are liable for damages as determined by law" (s. 397.501). That phrase points to other law rather than creating an automatic claim.
The rules add obligations. Personnel policies must address a code of ethical conduct, sexual harassment, confidentiality, grievances, and abuse reporting procedures, and the code "shall prohibit employees and volunteers from engaging in sexual activity with individuals receiving services for a minimum of two (2) years after the last professional contact" (Rule 65D-30.004). Programs must provide an accessible grievance system, allow a grievance "for any reason with cause," and affirm a policy "that protects a party's right to file a grievance or express their opinion" (Rule 65D-30.0045). Providers must "ensure the safety of individual, staff, visitors, and the community to the extent allowable by law" (Rule 65D-30.0047).
One caveat: these rules carry different effective dates and some stale cross-references, including one citing a statute section since renumbered (Florida Administrative Code; s. 397.4103).
Immediate options, at your pace
A sexual assault medical forensic examination is an examination by a clinician, ideally one with specialized training, that includes collection of samples (DOJ Office on Violence Against Women). Florida pays for an initial forensic physical examination of a victim of sexual battery "regardless of whether the victim ... participates in the criminal justice system or cooperates with law enforcement," and the victim "may not be required to pay, directly or indirectly" (s. 960.28). Accepting care or support is not the same as filing a report.
Sexual assault can be a crime. Florida's sexual battery statute defines consent as "intelligent, knowing, and voluntary consent" that "does not include coerced submission," and says consent "shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance" (s. 794.011).
Reporting choices, and what each one does
Depending on the facts, you may consider one or several of these routes. Some people have mandatory reporting duties when the vulnerable-adult criteria below apply.
Law enforcement handles criminal investigation and charging (DCF).
Florida Abuse Hotline, 1-800-962-2873, option 2 for a vulnerable adult. Florida law requires any person who knows or has reasonable cause to suspect that a vulnerable adult has been abused, neglected, or exploited to report immediately (s. 415.1034; DCF). "Vulnerable adult" is defined by condition rather than setting, and the definitions of abuse, caregiver, and facility each have requirements, so this route fits when those criteria apply (s. 415.102).
DCF, the licensing agency for these providers, through its LEADS complaint portal (DCF).
AHCA, when an AHCA-regulated facility is involved, online or at 1-888-419-3456. Incidents older than twelve months generally do not result in an on-site inspection (AHCA).
Florida Department of Health, for licensed clinicians. Its actions are administrative, and it states that it "cannot represent you in civil matters to recover fees paid or seek remedies for injuries" (Florida DOH). Florida law also requires that "[l]icensed health care practitioners shall report allegations of sexual misconduct to the department" (s. 456.063).
These routes connect: when the department has reasonable cause to believe a vulnerable adult was abused, it must notify law enforcement and the state attorney, and must notify AHCA or licensing regulators in the circumstances the statute describes (s. 415.1055).
When a civil claim may be possible
A criminal case asks whether the state can prove a crime. A civil claim asks whether someone owes money for harm. An assault may support a claim against the person who committed it, and, depending on the evidence, against a facility, though facility responsibility is not automatic.
Theories sometimes investigated here include negligent hiring or retention, negligent supervision, inadequate security, failure to follow the program's own policies, failure to report an incident, statutory rights, and professional negligence, each matched to proof.
The rules show where those questions come from. Screening duties apply to owners, directors, chief financial officers, clinical supervisors, and personnel with direct contact with children or with adults who are developmentally disabled (s. 397.4073). A qualified professional must supervise clinical services; supervisors "shall conduct regular reviews of work performed by subordinate employees," and supervisory sessions must be documented (Rule 65D-30.0046). Providers must report incidents in writing within one calendar day when an action or inaction "has a negative effect on the health or safety of the client, or violates the rights of a client" (Rule 65D-30.004).
A rule tells you what was required. It does not decide a case. Florida law says a medical injury creates no presumption of negligence and that a claimant must prove a breach of the prevailing professional standard of care (s. 766.102). Classification also matters: if a claim is treated as medical negligence, Florida requires presuit investigation with a verified written expert opinion (s. 766.203) and a notice and screening period before suit (s. 766.106). Describing National Deaf Academy, LLC v. Townes, Florida's Fifth District Court of Appeal explained that "for an action to sound in medical malpractice, the act from which the claim arises must be directly related to medical care or services, which require the use of professional judgment or skill," and that the question "turns on the complaint's allegations" (Rockledge HMA, LLC v. Lawley, Fla. 5th DCA 2020). We do not predict how a court would classify any claim.
Evidence, without pressure
Safety and medical care come first. Nothing below is a duty imposed on you. Skip anything that feels unsafe right now.
If you want to, and can do so safely: keep messages, call logs, and photographs you already have; keep clothing or items in a paper bag without cleaning them, and ask a hospital or crisis center for guidance; write down what you remember with dates, times, places, and names; and keep discharge paperwork and any communications from the program.
Other material exists only inside the program. You or a lawyer can ask in writing that it be preserved: video and access logs, staffing schedules, visitor logs, the clinical record, incident reports, grievances, policies including the code of ethical conduct, and training and screening records. A preservation request is not a right to receive those documents; access usually depends on consent, statutory process, or litigation. Florida rules do require that clinical records be kept secure, that documentation "shall not be deleted," and that records be kept at least seven years, and longer if a claim involving them has already begun (Rule 65D-30.0041).
Your privacy matters here. Substance use treatment records are confidential under Florida law and federal regulation, and may not be used or disclosed in civil, criminal, administrative, or legislative proceedings except as those rules allow, even if the person asking has a subpoena (s. 397.501; 42 C.F.R. 2.13). Get advice before signing broad releases.
Deadlines (...and why there is no single one)
Which deadline applies depends on the defendant and what is alleged. As of September 1, 2026 (s. 95.11):
Assault, battery, and other intentional torts: generally 4 years, subject to stated exceptions.
Negligence: 2 years. Wrongful death: 2 years.
Medical malpractice: 2 years from the incident or from discovery, and no later than 4 years from the incident, with defined exceptions.
Intentional torts based on abuse as defined in section 39.01 or section 415.102: within 7 years after the age of majority, within 4 years after the injured person leaves the dependency of the abuser, or within 4 years from discovery of both the injury and its causal relationship to the abuse, whichever is later.
An act violating section 794.011 against a victim under 16 at the time: may be commenced at any time, other than actions already time-barred on or before July 1, 2010.
Claims involving a government entity add steps: written presentment within 3 years, 2 years for wrongful death, notice and denial as conditions precedent, and a 4-year filing period (s. 768.28).
Reporting to police, calling the Abuse Hotline, or filing an agency complaint does not preserve a civil deadline, and neither does an open investigation. The one tolling provision described here belongs to the medical negligence presuit process (s. 766.106). Deadlines can also change by legislation: a 2026 bill revising these periods for claims against government entities was vetoed on June 30, 2026 (HB 145, 2026).
Retaliation, silence, and pushed discharge
No one should be punished for speaking up. Florida law provides that a resident or employee of a facility serving vulnerable adults "may not be subjected to reprisal or discharge" for reporting abuse, neglect, or exploitation under section 415.1034, and that a good faith reporter is immune from liability (s. 415.1036). Knowingly and willfully failing to report, or preventing someone else from reporting, is a criminal offense (s. 415.111).
Inpatient and residential providers also may not discharge someone before treatment completion based on inability to pay, and must give at least 72 hours' notice of a proposed transfer or discharge, with narrow documented exceptions (Rule 65D-30.0043). Facilities serving vulnerable adults must inform residents of their right to report abusive practices (s. 415.1035).
These protections are specific rather than universal. If you were discouraged from reporting, asked to stay silent, or discharged soon after raising a concern, tell a lawyer promptly.
What a confidential legal review can and cannot do
A review can read the records, identify which rules applied, tell you which deadlines may be in play, and explain what a case would require. It can also tell you when the evidence is unlikely to support a claim.
A review cannot promise a result and does not replace medical care or advocacy support. You can reach our office when you are ready, and you may decide to take no further action.
Frequently asked questions
Can I sue a rehab facility in Florida for a sexual assault?
Sometimes, depending on proof. A claim may exist against the person who committed the assault, and separately against a facility if the evidence supports negligent hiring, retention, supervision, or security. A rule violation still has to be tied to the harm through proof (s. 766.102).
Do I have to report to the police to get medical care or support?
No. Florida pays for an initial forensic physical examination "regardless of whether the victim ... participates in the criminal justice system or cooperates with law enforcement" (s. 960.28). Certified rape crisis centers provide a 24-hour hotline, counseling, and advocacy (Florida Department of Health).
Who do I report a Florida treatment facility to?
Suspected abuse of a vulnerable adult goes to the Florida Abuse Hotline at 1-800-962-2873 (s. 415.1034). DCF-licensed providers go through the LEADS portal (DCF). AHCA-regulated facilities go to AHCA at 1-888-419-3456 (AHCA). Licensed clinicians go to the Department of Health (Florida DOH).
What rights do patients have in Florida rehab programs?
Chapter 397 guarantees rights including dignity respected "at all times and upon all occasions," services "administered skillfully, safely, humanely," and confidentiality of records (s. 397.501). Rules add an accessible grievance system (Rule 65D-30.0045).
How long do I have to file a civil claim in Florida?
It depends on the claim and the defendant: generally 4 years for intentional torts, 2 years for negligence and wrongful death, and 2 years for medical malpractice with a 4-year outer limit, plus separate provisions for abuse-based claims and for certain acts against victims under 16 (s. 95.11). Government entities have separate presentment and filing periods (s. 768.28).
Does filing a complaint or a police report protect my civil deadline?
No. Agency complaints and criminal reports are separate from civil deadlines. The Florida Department of Health states that it cannot seek remedies for injuries and suggests consulting a private attorney (Florida DOH).
Are my treatment records confidential if I make a claim?
Substance use treatment records are confidential under Florida law and federal regulation and may not be disclosed in civil, criminal, administrative, or legislative proceedings except as those rules permit (s. 397.501; 42 C.F.R. 2.13). Get advice before signing a release.
Legal information notice
This article is general legal information about Florida law, current as of research completed September 1, 2026. It is not legal advice; it does not create an attorney-client relationship, it does not predict any outcome, and it does not accuse any facility or individual of wrongdoing. Allegations are allegations, and unproven conduct remains unproven. Statutes, rules, agency procedures, and phone numbers change, and numbering can be inconsistent across sources, so requirements should be verified against the official text. If you were harmed in a treatment program, please speak with a lawyer about your facts and deadlines. If you are in immediate danger, call 911.
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