F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 531 2025 A bill to be entitled An act relating to publicchild educationcare offacility and program background screening requirements;
435.12,409.175, F.S.;
requiringrevising thedefinitions; Agency for Health Care Administration, in conjunction with specified agencies, to develop and maintain a care provider background screening education and awareness webpage;
providingdefining requirementsthe forterm resources"recreational providedenrichment onprogram"; the webpage;
requiringprovides thatsuch specifiedprograms agenciesare providenot arequired link to theobtain webpagea onlicense theirfrom respective websites and promote the inclusiondepartment; of the link in certain media;
requiringrevising that the webpageremedies bethat activethe bydepartment amay specifiedpursue datefor andfailure reviewedto andcomply updatedwith annually;screening requirements;
revising penalty provisions;
creating s.
409.1751, F.S.;
requiring the department, in conjunction with the Agency for Health Care Administration and the Department of Law Enforcement, to develop and maintain a statewide background screening public awareness campaign;
amending s.
409.1676, F.S.;
conforming a cross-reference;
SubsectionParagraphs (4)(l) isthrough added(p) toof subsection (2) of section 435.12,409.175, Florida Statutes, toare read:redesignated as paragraphs (m) through (q), respectively, paragraph (j) and present paragraph (l) of subsection (2), paragraph (d) of subsection (4), paragraphs (e) and (l) of subsection (6), and subsections (10) and (12) are amended, and a new paragraph (l) Page 1 of 10 CODING:
435.12 Care Provider Background Screening Clearinghouse.— (4)(a) As part of the Care Provider Background Screening Clearinghouse, the Agency for Health Care Administration, in consultation with all specified agencies as defined in s.
435.02(7), that are required by law to use the clearinghouse for employment screening, must develop and maintain a publicly Page 1 of 3 CODING:
hb531-02-c2hb531-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 531 2025 availableis webpageadded whichto providessubsection a(2) centralof sourcethat forsection, careto providerread: background screening education and awareness.
The409.175 webpageLicensure mayof befamily partfoster ofhomes, theresidential currentchild-caring web-basedagencies, clearinghouseand system.child-placing agencies;
Thepublic resourcesrecords availableexemption.— on(2) theAs webpageused must be written in nontechnicalthis andsection, accessiblethe language,term: tailored to qualified entities as defined in s.
943.0542(1),(j) "Personnel" means all owners, operators, employees, and include,volunteers working in a child-placing agency or residential child-caring agency who may be employed by or do volunteer work for a person, corporation, or agency that holds a license as a child-placing agency or a residential child-caring agency, but needthe term does not beinclude limitedthose to:who do not work on the premises at which where child care is furnished and have no direct contact with a child or have no contact with a child outside of the presence of the child's parent or guardian.
For purposes of screening, the term includes any member, over the age of 12 years, of the family of the owner or operator or any person other than a client, over the age of 12 years, residing with the owner or operator if the agency is located in or adjacent to the home of the owner or operator or if the family member of, or person residing with, the owner or operator has any direct contact with the children.
Members of the family of the owner or operator, or persons residing with the owner or operator, who are between the ages of 12 years and 18 years are not required to be fingerprinted, but must be screened for delinquency records.
For purposes of screening, the term also includes Page 2 of 10 CODING:
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hb531-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 531 2025 owners, operators, employees, and volunteers working in summer day camps, or summer 24-hour camps, or recreational enrichment programs providing care for children.
A volunteer who assists on an intermittent basis for less than 10 hours per month shall not be included in the term "personnel" for the purposes of screening if a person who meets the screening requirement of this section is always present and has the volunteer in his or her line of sight.
(l) "Recreational enrichment program" means an organization providing in-person instruction to children in dance, gymnastics, or martial arts offered on an ongoing basis which takes place partially or fully indoors.
The term does not include any organization licensed or registered to provide child care under chapter 402, summer 24-hour camps, or summer day camps.
(m)(l) "Residential child-caring agency" means any person, corporation, or agency, public or private, other than the child's parent or legal guardian, that provides staffed 24-hour care for children in facilities maintained for that purpose, regardless of whether operated for profit or whether a fee is charged.
Such residential child-caring agencies include, but are not limited to, maternity homes, runaway shelters, group homes that are administered by an agency, emergency shelters that are not in private residences, and wilderness camps.
Residential child-caring agencies do not include hospitals, boarding Page 3 of 10 CODING:
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hb531-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 531 2025 schools, summer or recreation camps, recreational enrichment programs, nursing homes, or facilities operated by a governmental agency for the training, treatment, or secure care of delinquent youth, or facilities licensed under s.
393.067 or s.
394.875 or chapter 397.
(4) (d) This license requirement does not apply to boarding schools, recreation and summer camps, recreational enrichment programs, nursing homes, hospitals, or to persons who care for children of friends or neighbors in their homes for periods not to exceed 90 days or to persons who have received a child for adoption from a licensed child-placing agency.
(6) (e)1.
The department may pursue other remedies provided in this section in addition to denial or revocation of a license for failure to comply with the screening requirements.
The disciplinary actions determination to be made by the department and the procedure for hearing for applicants and licensees shall be in accordance with chapter 120.
2.
When the department has reasonable cause to believe that grounds for denial or termination of employment exist, it shall notify, in writing, the applicant, licensee, or summer or recreation camp, or recreational enrichment program, and the personnel affected, stating the specific record that indicates noncompliance with the screening requirements.
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hb531-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 531 2025 3.
Procedures established for hearing under chapter 120 shall be available to the applicant, licensee, summer day camp, or summer 24-hour camp, or recreational enrichment program, and affected personnel, in order to present evidence relating either to the accuracy of the basis for exclusion or to the denial of an exemption from disqualification.
Such procedures may also be used to challenge a decision by a community-based care lead agency's refusal to issue a letter supporting an application for licensure.
If the challenge is to the actions of the community- based care lead agency, the respondent to the challenge shall be the lead agency and the department shall be notified of the proceedings.
4.
Refusal on the part of an applicant to dismiss personnel who have been found not to be in compliance with the requirements for good moral character of personnel shall result in automatic denial or revocation of license in addition to any other remedies provided in this section which may be pursued by the department.
(l) The department may not license summer day camps, or summer 24-hour camps, or recreational enrichment programs.
However, the department shall have access to the personnel records of such facilities to ensure compliance with the screening requirements.
The department may adopt rules relating to the screening requirements for summer day camps, and summer 24-hour camps, and recreational enrichment programs.
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hb531-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 531 2025 (10)(a) The department may institute injunctive proceedings in a court of competent jurisdiction to:
InformationEnforce andthe educationprovisions relatedof tothis employmentsection screeningor requirementsany oflicense qualifiedrequirement, entities,rule, toor include:order issued or entered into pursuant thereto;
or 2.
Terminate the operation of an agency in which any of the following conditions exist:
The Carelicensee Providerhas Backgroundfailed Screeningto Clearinghouse.take preventive or corrective measures in accordance with any order of the department to maintain conformity with licensing requirements.
LevelThere 2is screeninga standardsviolation underof s.any of the provisions of this section, or of any licensing requirement promulgated pursuant to this section, which violation threatens harm to any child or which constitutes an emergency requiring immediate action.
435.04.
c.
Live-scan fingerprinting or other third-party systems, including information on process, vendors, locations, and potential costs.
2.
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:
a.
Disqualifying offenses.
b.
Exemption requirements and process.
ATerminate downloadablethe checklistoperation detailingof thea process,summer timelines,day andcamp contactor informationsummer 24-hour camp providing care for employmentchildren or a recreational enrichment program when such camp or program has willfully and knowingly refused to comply with the screening processrequirements support,for tailoredpersonnel or has refused to qualifiedterminate entities.the employment of personnel found to be in noncompliance with the requirements for good moral character as determined in paragraph (5)(b).
(b) EachIf specifiedthe agencydepartment mustfinds, includewithin 30 days after written notification by registered mail of the requirement for licensure, that a clearperson andor conspicuousagency linkcontinues to thecare webpagefor onor itsto websiteplace andchildren providewithout thea license or, within 30 days after Page 26 of 310 CODING:
hb531-02-c2hb531-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 531 2025 linkwritten innotification allby jobregistered vacancymail advertisementsof the requirement for screening of personnel and postscompliance bywith paragraph (5)(b) for the qualifiedhiring entity.and continued employment of personnel, that a summer day camp, or summer 24-hour camp, or recreational enrichment program continues to provide care for or services to children without complying, the department shall notify the appropriate state attorney of the violation of law and, if necessary, shall institute a civil suit to enjoin the person or agency from continuing the placement or care of children, or to enjoin the summer day camp, or summer 24-hour camp, or recreational enrichment program from continuing the care of, or providing services to, children.
(c) TheSuch webpageinjunctive mustrelief may be activetemporary by January 1, 2026, and reviewed and updated by October 1, 2026, and by October 1 each year thereafter, to incorporate any changes to law, the clearinghouse, or thepermanent. employment screening process.
(12)(a) It is unlawful for any person or agency to:
1.
Provide continuing full-time care for or to receive or place a child apart from her or his parents in a residential group care facility, family foster home, or adoptive home without a valid license issued by the department if such license is required by subsection (5);
or 2.
Make a willful or intentional misstatement on any license application or other document required to be filed in connection with an application for a license.
(b) It is unlawful for any person, agency, family foster home, summer day camp, or summer 24-hour camp providing care for children to:
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hb531-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 531 2025 1.
willfully or intentionally fail to comply with the requirements for the screening of personnel and family foster homes or the dismissal of personnel or removal of household members found not to be in compliance with the requirements for good moral character as specified in paragraph (5)(b).
(c)2.
It is unlawful for any person, agency, family foster home, summer day camp, summer 24-hour camp providing care for children, or recreational enrichment program providing services to children, to use information from the criminal records obtained under this section for any purpose other than screening a person for employment as specified in this section or to release such information to any other person for any purpose other than screening for employment as specified in this section.
(d)(c) It is unlawful for any person, agency, family foster home, summer day camp, or summer 24-hour camp providing care for children, or recreational enrichment program providing services to children, to use information from the juvenile records of any person obtained under this section for any purpose other than screening for employment as specified in this section or to release information from such records to any other person for any purpose other than screening for employment as specified in this section.
(e)(d)1.
A first violation of paragraph (a), or paragraph (b), or paragraph (c) is a misdemeanor of the first degree, Page 8 of 10 CODING:
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hb531-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 531 2025 punishable as provided in s.
775.082 or s.
775.083.
2.
A second or subsequent violation of paragraph (a), or paragraph (b), or paragraph (c) is a felony of the third degree, punishable as provided in s.
775.082 or s.
775.083.
3.
A violation of paragraph (d) paragraph (c) is a felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
Section 409.1751, Florida Statutes, is created to read:
409.1751 Statewide background screening public awareness campaign.—Subject to legislative appropriation, the department, in conjunction with the Agency for Health Care Administration and the Department of Law Enforcement, must develop and maintain a statewide public awareness campaign of the state's background screening requirements in s.
409.175 for summer day camps, summer 24-hour camps, and recreational enrichment programs.
The campaign communication must include, but is not limited to, the Internet, television, radio, and outdoor advertising;
and public service announcements.
Section 3.
Paragraph (b) of subsection (2) of section 409.1676, Florida Statutes, is amended to read:
409.1676 Comprehensive residential group care services to children who have extraordinary needs.— (2) As used in this section, the term:
(b) "Residential group care" means a living environment Page 9 of 10 CODING:
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hb531-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 531 2025 for children who have been adjudicated dependent and are expected to be in foster care for at least 6 months with 24- hour-awake staff or live-in group home parents or staff.
Each facility must be appropriately licensed in this state as a residential child caring agency as defined in s.
409.175(2) s.
409.175(2)(l) and must be accredited by July 1, 2005.
A residential group care facility serving children having a serious behavioral problem as defined in this section must have available staff or contract personnel with the clinical expertise, credentials, and training to provide services identified in subsection (4).
Section 4.
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