STORAGE NAME: h0531.HSS
DATE: 3/10/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 531
TITLE: Child Care Facility and Program Background
Screening Requirements
SPONSOR(S): Hunschofsky
COMPANION BILL: None
LINKED BILLS: None
RELATED BILLS: SB 614 (Polsky)
Committee References
Human Services
Criminal Justice
Health & Human Services
SUMMARY
Effect of the Bill:
HB 531 creates background screening requirements for recreational enrichment programs. The bill requires DCF,
the Agency for Health Care Administration, and the Department of Law Enforcement to develop and maintain a
statewide background screening public awareness campaign.
Fiscal or Economic Impact:
The bill has a significant, negative fiscal impact on the state government and an insignificant, negative fiscal impact
on the private sector. See Fiscal or Economic Impact.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Background Screening
Current law requires individuals working in certain programs such as child care, child placement, summer camps,
mental health, substance use disorders, peer specialists, recovery residences, and certification for persons with
lived experience to undergo background screening. However, that requirement does not extend to recreational
enrichment programs (programs).
Summer camps are not licensed by the Department of Children and Families (DCF). DCF ensures summer camps
are complying with the background screening requirements when a complaint is received related to
noncompliance.
The bill creates background screening requirements for programs, which the bill defines as organizations that
provide enrichment activities to children, such as dance instruction, music instruction, gymnastics instruction, or
martial arts instruction, offered on an ongoing basis, which take place partially or fully indoors. The bill gives DCF
authority to institute injunctive proceedings against the programs that fail to comply with the background
screening requirements. The bill does not require the programs to obtain licenses from DCF. (Section 1)
The bill prohibits the programs from using or releasing information from the background screening for anything
other than employment screenings. (Section 1)
To promote the background screening requirements for summer day camps, summer 24-hour camps, and
recreational enrichment programs, the bill requires DCF, the Agency for Health Care Administration, and the
Department of Law Enforcement to develop and maintain a statewide background screening public awareness
campaign of the state’s background screening requirements. (Section 2)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill provides an effective date of July 1, 2025. (Section 3)
RULEMAKING:
The bill gives the Department of Children and Families rulemaking authority to adopt rules relating to recreational
enrichment programs.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The Department of Children and Families estimates the cost to comply with the bill is $3,525,983 in the following
categories:
1
15 full-time equivalents (FTE): $1,246,224 (nonrecurring) for FY 2025-2026
15 FTE: $1,164,759 (recurring) for FY 2026-2027 and beyond
Contracted services (to hire additional temporary contracted staff to assist with onboarding of new
providers: $500,000 (nonrecurring)
Media campaign: $500,000 (nonrecurring)
Information technology changes: $115,000 (nonrecurring)
The Florida Department of Law Enforcement estimates a potential, indeterminate and negative fiscal impact
related to its role in developing and maintaining a statewide public awareness campaign for summer day camps,
summer 24-hour camps, and recreational enrichment programs.
2
The Agency for Health Care Administration also estimates a potential, indeterminate and negative fiscal impact
related to its role in developing and maintaining a statewide public awareness campaign for summer day camps,
summer 24-hour camps, and recreational enrichment programs as it may require additional resources and FTEs.
3
PRIVATE SECTOR:
Recreational enrichment programs will incur the cost associated with obtaining a background screening. These
costs amount to $44 per person for applicants screened and retained within the Care Provider Background
Screening Clearinghouse. This amount does not include additional servicing fees which may be assessed by the
Livescan Service Provider.
4
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Criminal Background Screening
1
Department of Children and Families, 2025 Agency Legislative Bill Analysis for HB 531, on file with the Human Services
Subcommittee.
2
Department of Law Enforcement, 2025 Agency Legislative Bill Analysis for HB 531, on file with the Human Services
Subcommittee.
3
Agency for Health Care Administration, 2025 Agency Legislative Bill Analysis for HB 531, on file with the Human Services
Subcommittee.
4
Supra, note 2. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Under current law, certain professions and employment settings
5 are subject to criminal background screening and
licensure or employment disqualification for certain past criminal offenses. For example, s. 409.175, F.S. requires
owners, operators, employees, and volunteers working in a child-placing agency or residential child-caring agency,
and household members in a family foster home, that provide continuing child-care licensed by the Department of
Children and Families (DCF), and organizations not licensed by DCF such as boarding schools and recreation and
summer camps to undergo criminal background screening. DCF has authority to institute injunctive proceedings
against the agencies and organizations that fail to comply with the screening requirements.
6
Under current law, it is unlawful for any person, agency, family foster home, summer day camp, or summer 24-
hour camp providing care for children to use information from the criminal records and juvenile records obtained
from the screening for any purpose other than employment.
7
Chapter 435, F.S., establishes procedures and requirements for criminal history background screening. There are
two levels of background screening: Level 1 and Level 2.
Level 1: Screening includes, at a minimum, employment history checks and statewide criminal
correspondence checks through the Florida Department of Law Enforcement (FDLE) and a check of
the Dru Sjodin National Sex Offender Public Website,
8 and may include criminal records checks
through local law enforcement agencies.
9
Level 2: Screening includes, at a minimum, fingerprinting for statewide criminal history records
checks through FDLE and national criminal history checks through the Federal Bureau of
Investigation (FBI), and may include local criminal records checks through local law enforcement
agencies.
10
Disqualifying Offenses
Individuals subject to background screening are disqualified from certain employment and licensure if they have
been arrested for and are awaiting final disposition of, been found guilty of regardless of adjudication, entered a
plea of nolo contendere or guilty to, or been adjudicated delinquent and the record has not been sealed or
expunged for, any of the following offenses, or similar offenses in another jurisdiction:
11
Section 39.205, F.S., relating to the failure to report child abuse, abandonment, or neglect.
Section 393.135, F.S., relating to sexual misconduct with certain developmentally disabled clients
and reporting of such sexual misconduct.
Section 394.4593, F.S., relating to sexual misconduct with certain mental health patients and
reporting of such sexual misconduct.
Section 414.39, F.S., relating to fraud, if the offense was a felony.
Section 415.111, F.S., relating to adult abuse, neglect, or exploitation of aged persons or disabled
adults.
Section 777.04, F.S., relating to attempts, solicitation, and conspiracy to commit an offense listed in
this subsection.
Section 782.04, F.S., relating to murder.
Section 782.07, F.S., relating to manslaughter, aggravated manslaughter of an elderly person or
disabled adult, or aggravated manslaughter of a child.
Section 782.071, F.S., relating to vehicular homicide.
5
S. 435.02, F.S., defines “employee” to mean any person required by law to be screened pursuant to this chapter, including, but
not limited to, persons who are contractors, licensees, or volunteers.
6
S. 409.175, F.S.
7
Id.
8
The Dru Sjodin National Sex Offender Public Website is a U.S. government website that links public state, territorial, and
tribal sex offender registries in one national search site, www.nsopw.gov (last visited Feb. 27, 2024).
9
Florida Department of Law Enforcement, State of Florida Criminal History Records Check,
http://www.fdle.state.fl.us/Criminal-History-Records/Florida-Checks.aspx (last visited Feb. 27, 2024).
10
S. 435.04, F.S.
11
S. 435.04(2), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Section 782.09, F.S., relating to killing of an unborn child by injury to the mother.
Chapter 784, F.S., relating to assault, battery, and culpable negligence, if the offense was a felony.
Section 784.011, F.S., relating to assault, if the victim of the offense was a minor.
Section 784.021, F.S., relating to aggravated assault.
Section 784.03, F.S., relating to battery, if the victim of the offense was a minor.
Section 784.045, F.S., relating to aggravated battery.
Section 784.075, F.S., relating to battery on staff of a detention or commitment facility or on a
juvenile probation officer.
Section 787.01, F.S., relating to kidnapping.
Section 787.02, F.S., relating to false imprisonment.
Section 787.025, F.S., relating to luring or enticing a child.
Section 787.04(2), F.S., relating to taking, enticing, or removing a child beyond the state limits with
criminal intent pending custody proceedings.
Section 787.04(3), F.S., relating to carrying a child beyond the state lines with criminal intent to
avoid producing a child at a custody hearing or delivering the child to the designated person.
Section 787.06, F.S., relating to human trafficking.
Section 787.07, F.S., relating to human smuggling.
Section 790.115(1), F.S., relating to exhibiting firearms or weapons within 1,000 feet of a school.
Section 790.115(2)(b), F.S., relating to possessing an electric weapon or device, destructive device,
or other weapon on school property.
Section 794.011, F.S., relating to sexual battery.
Former s. 794.041, F.S., relating to prohibited acts of persons in familial or custodial authority.
Section 794.05, F.S., relating to unlawful sexual activity with certain minors.
Section 794.08, F.S., relating to female genital mutilation.
Chapter 796, F.S., relating to prostitution.
Section 798.02, F.S., relating to lewd and lascivious behavior.
Chapter 800, F.S., relating to lewdness and indecent exposure.
Section 806.01, F.S., relating to arson.
Section 810.02, F.S., relating to burglary.
Section 810.14, F.S., relating to voyeurism, if the offense is a felony.
Section 810.145, F.S., relating to video voyeurism, if the offense is a felony.
Chapter 812, F.S., relating to theft, robbery, and related crimes, if the offense is a felony.
Section 817.563, F.S., relating to fraudulent sale of controlled substances, only if the offense was a
felony.
Section 825.102, F.S., relating to abuse, aggravated abuse, or neglect of an elderly person or
disabled adult.
Section 825.1025, F.S., relating to lewd or lascivious offenses committed upon or in the presence of
an elderly person or disabled adult.
Section 825.103, F.S., relating to exploitation of an elderly person or disabled adult, if the offense
was a felony.
Section 826.04, F.S., relating to incest.
Section 827.03, F.S., relating to child abuse, aggravated child abuse, or neglect of a child.
Section 827.04, F.S., relating to contributing to the delinquency or dependency of a child.
Former s. 827.05, F.S., relating to negligent treatment of children.
Section 827.071, F.S., relating to sexual performance by a child.
Section 831.311, F.S., relating to the unlawful sale, manufacture, alteration, delivery, uttering, or
possession of counterfeit-resistant prescription blanks for controlled substances.
Section 836.10, F.S., relating to written or electronic threats to kill, do bodily injury, or conduct a
mass shooting or an act of terrorism.
Section 843.01, F.S., relating to resisting arrest with violence.
Section 843.025, F.S., relating to depriving a law enforcement, correctional, or correctional
probation officer of means of protection or communication.
Section 843.12, F.S., relating to aiding in an escape. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Section 843.13, F.S., relating to aiding in the escape of juvenile inmates in correctional institutions.
Chapter 847, F.S., relating to obscene literature.
Section 859.01, F.S., relating to poisoning food or water.
Section 873.01, F.S., relating to the prohibition on the purchase or sale of human organs and tissue.
Section 874.05, F.S., relating to encouraging or recruiting another to join a criminal gang.
Chapter 893, F.S., relating to drug abuse prevention and control, only if the offense was a felony or if
any other person involved in the offense was a minor.
Section 916.1075, F.S., relating to sexual misconduct with certain forensic clients and reporting of
such sexual misconduct.
Section 944.35(3), F.S., relating to inflicting cruel or inhuman treatment on an inmate resulting in
great bodily harm.
Section 944.40, F.S., relating to escape.
Section 944.46, F.S., relating to harboring, concealing, or aiding an escaped prisoner.
Section 944.47, F.S., relating to introduction of contraband into a correctional facility.
Section 985.701, F.S., relating to sexual misconduct in juvenile justice programs.
Section 985.711, F.S., relating to contraband introduced into detention facilities.
Any history of a listed offense is considered disqualifying regardless of when the offense was committed.
Exemptions
For individuals who are disqualified from employment due to their criminal history, current law includes an
exemption process. An exemption allows that individual to be employed in a profession or workplace where
background screening is statutorily required despite the disqualifying offense in that person’s past if that person
meets certain criteria. The individual must demonstrate by clear and convincing evidence that they have been
rehabilitated, will not present a danger, and should not be disqualified from employment.
12 The agency head may
grant the exemption from disqualification if all court ordered fees, fines, liens, applications, costs of prosecution,
trusts, or restitution have been paid, and either:
13
Two years have elapsed since the individual has completed or been lawfully released from confinement
supervision, or nonmonetary condition imposed by a court for a disqualifying felony; or
The individual has completed or been lawfully released from confinement, supervision, or nonmonetary
condition imposed by a court for a misdemeanor or an offense that was a felony at the time of commission
but is now a misdemeanor.
Receiving an exemption allows that individual to work despite the disqualifying crime in that person’s past.
However, an individual who is considered a sexual predator,
14 career offender,
15 or a registered sexual offender
16 is
not eligible for exemption.
17
Care Provider Background Screening Clearinghouse
The Care Provider Background Screening Clearinghouse (Clearinghouse) is a single statewide screening program,
administered by the Agency for Health Care Administration, which allows for results of criminal history checks of
persons acting as covered care providers to be shared among specified agencies.
18
12
S. 435.07, F.S.
13
Id.
14
S. 775.21, F.S.
15
S. 775.261, F.S.
16
S. 943.0435, F.S.
17
S. 435.07(4)(b), F.S.
18
S. 435.12, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Employers whose employees are screened through an agency participating in the Clearinghouse must maintain the
status of individuals being screened and update the Clearinghouse regarding any employment changes within 5
business days of the change.
19
The Clearinghouse allows for constant review of new criminal history information through the federal Rap Back
Service,
20 which continually matches fingerprints against new arrests or convictions that occur after the individual
was originally screened. Once a person’s screening record is in the Clearinghouse, that person may avoid the need
for any future state screens and related fees for screenings, depending on the screening agencies or
organizations.
21
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Human Services Subcommittee Mitz Clenord
Criminal Justice Subcommittee
Health & Human Services
Committee
19
S. 435.12(2)(c), F.S.
20
The Rap Back Service is managed by the FBI’s Criminal Justice Information Services Division. For more information, see the
Federal Bureau of Investigation, Privacy Impact Assessment for the Next Generation Identification (NGI) Rap Back Service,
https://www.fbi.gov/file-repository/pia-ngi-rap-back-service.pdf/view (last visited Feb. 27, 2024).
21
Agency for Health Care Administration, Clearinghouse Renewals,
https://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/Renewals.shtml (last visited Feb. 27, 2024).
Fingerprints are retained for five years. Employers have an option to renew screenings at the end of the five-year period
through a “Clearinghouse Renewal” process which allows employee’s fingerprints to be retained without being re-
fingerprinted.