STORAGE NAME: h0531d.HHS
DATE: 4/21/2025
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 #: CS/CS/HB 531
TITLE: Child Care Facility and Program Background
Screening Requirements
SPONSOR(S): Hunschofsky, Trabulsy
COMPANION BILL: CS/SB 614 (Polsky)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Human Services
18 Y, 0 N, As CS
Health Care Budget
13 Y, 0 N, As CS
Health & Human Services
SUMMARY
Effect of the Bill:
The bill requires the Agency for Health Care Administration, in consultation with all specified agencies, to create
and maintain a publicly available webpage that provides care provider background screening education and
awareness.
Fiscal or Economic Impact:
The bill has a significant, negative fiscal impact on state government. See Fiscal or Economic Impact.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
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 (AHCA), which retains fingerprint data to streamline
repeated background screenings and allow the results of criminal history checks of persons acting as covered care
providers to be shared among specified agencies. Beginning January 1, 2026, current law will allow AHCA to also
share the results of criminal history checks with qualified entities.
The bill requires AHCA, in consultation with the specified agencies, to develop and maintain a publicly available
webpage that provides care provider background screening education and awareness. The webpage may be part of
the Clearinghouse. Under the bill, the education awareness resources available on the webpage must be written in
nontechnical and accessible language, tailored to the qualified entities. (Section 1). The resources must include, but
are not limited to:
Information and education related to employment screening requirements of qualified entities, to include:
o The Clearinghouse;
o Level 2 screening standards; and
o Live-scan fingerprinting, or other third-party systems, including information on process, vendors,
location, and potential costs.
A searchable catalog, by specified agency, of qualified entity employment classes and positions required by
law to undergo employment screening through the Clearinghouse, to include:
o Disqualifying offenses; and
o Exemption requirements and process. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
A downloadable checklist detailing the process, timelines, and contact information for employment
screening process support, tailored to qualified entities.
The bill requires each specified agency to include a clear and conspicuous link to the webpage on its website and
provide the link in all job vacancy advertisements and posts by the qualified entity. (Section 1)
The webpage must be active by January 1, 2026 and AHCA must review and update the info by October 1, 2026,
and by October 1 each year thereafter, to incorporate any changes to law, the Clearinghouse, or the employment
screening process. (Section 1)
The bill provides an effective date of July 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
AHCA estimates the cost to comply with the bill is $223,908 ($205,682/recurring, $18,266/nonrecurring). AHCA
will use the funds to hire additional staff within the Background Screening Unit to oversee the implementation,
facilitation, and upkeep of the website.
1
The House proposed General Appropriations Act for Fiscal Year 2025-2026 does not include an appropriation to
AHCA for the cost of the bill.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Criminal Background Screening
Under current law, certain professions and employment settings
2 are subject to criminal background screening and
licensure or employment disqualification for certain past criminal offenses. 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,
3 and may include criminal records checks through local law
enforcement agencies.
4
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.
5
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
1
Agency for Health Care Administration (April 18, 2025), 2025 Agency Legislative Bill Analysis for CS/CS/HB 531, on file with
the Health and Human Services Committee.
2
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.
3
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 April 18, 2025).
4
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 April 18, 2025).
5
S. 435.04, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
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:
6
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.
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.
6
S. 435.04(2), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
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.
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.
7 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:
8
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.
7
S. 435.07, F.S.
8
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
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,
9 career offender,
10 or a registered sexual offender
11 is
not eligible for exemption.
12
Care Provider Background Screening Clearinghouse
The Care Provider Background Screening Clearinghouse (Clearinghouse) is a single statewide screening program,
administered by AHCA, in consultation with the Florida Department of Law Enforcement (FDLE), which allows for
results of criminal history checks of persons acting as covered care providers to be shared among specified
agencies.
13 The Clearinghouse allows for constant review of new criminal history information through the federal
Rap Back Service,
14 which continually matches fingerprints retained in the Clearinghouse against fingerprints
received for new arrests that occur after the individual was originally screened.
15 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.
16
The Clearinghouse is authorized to share background screening results with specified agencies and qualified
entities that are conducting state and national criminal history background screening on persons who work with
children or persons who are elderly or disabled. The specified agencies currently outlined in law include:
17
AHCA;
Department of Health;
Department of Children and Families;
Department of Elderly Affairs;
Department of Juvenile Justice;
Agency for Persons with Disabilities;
Department of Education, and related entities including district units, special district units, the Florida
School for the Deaf and Blind, the Florida Virtual School, virtual instruction programs, charter schools, hope
operators, private schools participating in certain scholarship programs, and alternative schools;
Regional workforce development boards; and
Local licensing agencies responsible for licensing child care providers.
Beginning no earlier than January 1, 2026, the Clearinghouse may share results of criminal history checks with
other entities participating in the Clearinghouse, referred to as “qualified entities.”
18 These are businesses or
organizations which provide care or care placement services for children or vulnerable adults, such as a youth
athletics teams under an independent sanctioning authority.
19 A qualified entity participating in the Clearinghouse
must register and maintain the employment or affiliation status of all persons included in the Clearinghouse.
20
9
S. 775.21, F.S.
10
S. 775.261, F.S.
11
S. 943.0435, F.S.
12
S. 435.07(4)(b), F.S.
13
S. 435.12, F.S.
14
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.
Available at https://www.fbi.gov/file-repository/pia-ngi-rap-back-service.pdf/view (last visited April 18, 2025).
15
S. 435.12(2), F.S.
16
Agency for Health Care Administration, Clearinghouse Renewals. Available at
https://ahca.myflorida.com/MCHQ/Central_Services/Background_Screening/Renewals.shtml (last visited April 18, 2025).
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.
17
S. 435.02, F.S.
18
S. 435.12(1), F.S.
19
S. 943.0542(1), F.S.
20
S. 435.12(2), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/SB 676 Trabulsy Grall Approved by Governor
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Human Services Subcommittee 18 Y, 0 N, As CS 3/11/2025 Mitz Clenord
THE CHANGES ADOPTED BY THE
COMMITTEE:
Modifies the definition of recreational enrichment programs to specify
that the programs must take place in-person and removes “music
instruction” from the list of types of instructions.
Specifies that the background screening public awareness campaign is
subject to legislative appropriation.
Makes a technical change to conform a cross reference.
Health Care Budget Subcommittee 13 Y, 0 N, As CS 4/9/2025 Clark Smith
THE CHANGES ADOPTED BY THE
COMMITTEE:
Click or tap here to enter text.
Health & Human Services
Committee
4/21/2025 Calamas Clenord
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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