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Florida Statute 435.02 - Full Text and Legal Analysis Florida Statute 435.02 | Lawyer Caselaw & Research
Fla. Stat. § 435.02 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
435.02 Definitions.For the purposes of this chapter, the term:
(1) “Affiliation” means the status of a person employed or serving as a volunteer or contractor, or seeking to be employed or to serve as a volunteer or contractor, with a qualified entity in a position for which screening is not required by law but is authorized under the National Child Protection Act.
(2) “Agency” means any state, county, or municipal agency that grants licenses or registration permitting the operation of an employer or is itself an employer or that otherwise facilitates the screening of employees pursuant to this chapter. If there is no state agency or the municipal or county agency chooses not to conduct employment screening, “agency” means the Department of Children and Families.
(3) “Employee” means any person required by law to be screened pursuant to this chapter, including, but not limited to, persons who are contractors, licensees, or volunteers.
(4) “Employer” means any person or entity required by law to conduct screening of employees pursuant to this chapter.
(5) “Employment” means any activity or service sought to be performed by an employee or a person with an affiliation which requires the employee, or for which a person with an affiliation is authorized, to be screened pursuant to this chapter.
(6) “Qualified entity” has the same meaning as in s. 943.0542(1).
(7) “Specified agency” means the Department of Health, the Department of Children and Families, the Agency for Health Care Administration, the Department of Elderly Affairs, the Department of Juvenile Justice, the Agency for Persons with Disabilities, the Department of Education, the Department of Veterans’ Affairs, each district unit under s. 1001.30, special district units under s. 1011.24, the Florida School for the Deaf and the Blind under s. 1002.36, the Florida Virtual School under s. 1002.37, virtual instruction programs under s. 1002.45, charter schools under s. 1002.33, hope operators under s. 1002.333, private schools participating in an educational scholarship program established pursuant to chapter 1002, alternative schools under s. 1008.341, regional workforce boards providing services as defined in s. 445.002(3), and local licensing agencies approved pursuant to s. 402.307, when these agencies are conducting state and national criminal history background screening on persons who work with children or persons who are elderly or disabled.
(8) “Vulnerable person” means a minor as defined in s. 1.01 or a vulnerable adult as defined in s. 415.102.
History.s. 47, ch. 95-228; s. 207, ch. 99-8; s. 36, ch. 2010-114; s. 9, ch. 2012-73; s. 257, ch. 2014-19; s. 10, ch. 2015-79; s. 7, ch. 2021-25; s. 1, ch. 2022-154; s. 1, ch. 2023-220; s. 1, ch. 2025-150.

Cases Citing F.S. 435.02

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·McCain v. Florida Power Corp., 593 So. 2d 500 (Fla. 1992).

Cited 467 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 64, 1992 Fla. LEXIS 103, 1992 WL 10612

about the harm." Restatement (Second) of Torts § 435(2) (1965). Unlike in the "duty" context, the question
0 red2 yellow273 green2 procedural
Distinguished(citing case) (2020)
phrase: "distinguishing"
DistinguishedDavis (2005)
phrase: "distinguishing"
Cited as authority(citing case) (2026)
phrase: "rule_authority"
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·City of Pinellas Park v. Brown, 604 So. 2d 1222 (Fla. 1992).

Cited 60 times | Published | Supreme Court of Florida | 1992 WL 171211

at 504 (quoting Restatement (Second) of Torts § 435(2) (1965). Where reasonable persons may differ on
0 red0 yellow49 green0 procedural
Cited as authority(citing case) (2023)
phrase: "rule_authority"
Cited as authority(citing case) (2020)
phrase: "rule_authority"
Followed(citing case) (2020)
phrase: "we follow"
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·Coker v. Wal-Mart Stores, Inc., 642 So. 2d 774 (Fla. 1st DCA 1994).

Cited 16 times | Published | Florida 1st District Court of Appeal | 1994 WL 483397

504, quoting from Restatement (Second) of Torts § 435(2) (1965). The trial court in the present case resolved
0 red0 yellow17 green1 procedural
Cited as authorityWiley (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2021)
phrase: "rule_authority"
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·Springtree Props., Inc. v. Hammond, 692 So. 2d 164 (Fla. 1997).

Cited 18 times | Published | Supreme Court of Florida | 1997 WL 182885

at 504 (quoting Restatement (Second) of Torts, § 435(2)(1965)). In other words, the court should grant
0 red0 yellow10 green0 procedural
Cited as authority(citing case) (2026)
phrase: "rule_authority"
Cited as authorityOswald (2020)
phrase: "rule_authority"
Cited as authorityOswald (2020)
phrase: "rule_authority"
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·Janis v. Pratt & Whitney Canada, Inc., 370 F. Supp. 2d 1226 (M.D. Fla. 2005).

Cited 10 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 13916, 2005 WL 1307666

'" Id. (quoting Restatement (Second) of Torts § 435(2) (1965)). The Florida Supreme Court has expressly
0 red0 yellow7 green0 procedural
Cited as authorityJuravin (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2022)
phrase: "rule_authority"
Cited as authorityOlson (2020)
phrase: "rule_authority"
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·Deese v. McKinnonville Hunting Club, Inc., 874 So. 2d 1282 (Fla. 1st DCA 2004).

Cited 8 times | Published | Florida 1st District Court of Appeal | 2004 WL 1360865

about the harm." Restatement (Second) of Torts § 435(2) (1965). Unlike in the "duty" context, the question
0 red0 yellow5 green0 procedural
Cited as authoritySims (2025)
phrase: "rule_authority"
Cited as authorityDenson (2015)
phrase: "rule_authority"
Cited as authority(citing case) (2015)
phrase: "rule_authority"
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·In Re New River Shipyard, Inc., 355 B.R. 894 (Bankr. S.D. Fla. 2006).

Cited 7 times | Published | United States Bankruptcy Court, S.D. Florida. | 20 Fla. L. Weekly Fed. B 221, 2006 Bankr. LEXIS 3469

504, quoting from Restatement (Second) of Torts § 435(2) (1965). MSM cannot get past McCain's first step
0 red0 yellow7 green0 procedural
Cited as authoritySuzanne L. Roach (2022)
phrase: "rule_authority"
Cited as authority(citing case) (2021)
phrase: "rule_authority"
Cited as authority(citing case) (2020)
phrase: "rule_authority"
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·Hiram Walker & Sons, Inc. v. Kirk Line, 877 F.2d 1508 (11th Cir. 1989).

Cited 4 times | Published | Court of Appeals for the Eleventh Circuit | 1989 WL 72756

about the harm.” Restatement (Second) of Torts § 435(2). The court may yet draw that conclusion after
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Cited as authority(citing case) (2024)
phrase: "rule_authority"
Cited as authority(citing case) (2020)
phrase: "rule_authority"
Cited as authority(citing case) (2009)
phrase: "rule_authority"
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·The City of Ocala v. Graham, 864 So. 2d 473 (Fla. 5th DCA 2004).

Cited 5 times | Published | Florida 5th District Court of Appeal | 2004 WL 19494

about the harm." Restatement (Second) of Torts § 435(2) (1965). Unlike in the "duty" context the question
0 red0 yellow5 green0 procedural
Cited as authority(citing case) (2018)
phrase: "rule_authority"
Cited as authority(citing case) (2018)
phrase: "rule_authority"
Cited as authorityOlson (2010)
phrase: "rule_authority"
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·Barnes v. Gulf Power Co., 517 So. 2d 717 (Fla. 1st DCA 1987).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1987 WL 2664

grounds. The above statements are consistent with section 435(2) of the Restatement, which asserts: "The actor's
0 red0 yellow4 green0 procedural
Cited as authorityMace (2021)
phrase: "rule_authority"
Cited as authority(citing case) (2021)
phrase: "rule_authority"
Cited as authorityJanis (2005)
phrase: "rule_authority"
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·Klaue v. Galencare, Inc., 696 So. 2d 933 (Fla. 2d DCA 1997).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 1997 WL 374199

503-504 (quoting from Restatement (Second) of Torts § 435(2) (1965)). The court observed, however, that a trial
0 red0 yellow2 green0 procedural
Cited as authorityMarkowitz (2002)
phrase: "rule_authority"
Cited as authority(citing case) (1998)
phrase: "rule_authority"
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·Clark v. Polk Cnty., 753 So. 2d 138 (Fla. 2d DCA 2000).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 2000 WL 139757

1992) (quoting Restatement (Second) of Torts, § 435(2)(1965)). The issue may be decided by the court
0 red0 yellow2 green0 procedural
Cited as authorityD'ANGELO (2003)
phrase: "rule_authority"
Cited as authoritySofka (2001)
phrase: "rule_authority"
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·Loomis v. Howell, 604 So. 2d 1241 (Fla. 1st DCA 1992).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 206377

at 504 (quoting Restatement (Second) of Torts § 435(2) (1965)). Where reasonable persons may differ on
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Cited as authorityCooke (2009)
phrase: "rule_authority"
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·Est. of Brennan v. Church of Scientology Flag Serv. Org., Inc., 832 F. Supp. 2d 1370 (M.D. Fla. 2011).

Cited 1 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 140188, 2011 WL 6048687

about the harm.” Restatement (Second) of Torts § 435(2) (1965). 593 So.2d at 503-04. The Supreme Court
0 red0 yellow3 green0 procedural
Cited as authority(citing case) (2015)
phrase: "rule_authority"
Cited as authority(citing case) (2015)
phrase: "rule_authority"
Cited as authority(citing case) (2013)
phrase: "rule_authority"
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·Olson v. Crowell Plumbing & Heating Co., 48 So. 3d 139 (Fla. 5th DCA 2010).

Cited 1 times | Published | Florida 5th District Court of Appeal | 31 I.E.R. Cas. (BNA) 1005, 2010 Fla. App. LEXIS 17703, 2010 WL 4721150

about the harm." Restatement (Second) of Torts § 435(2) (1965). Graham, 864 So.2d at 477-78. The crux
0 red0 yellow1 green0 procedural
Cited as authorityGoss (2012)
phrase: "rule_authority"
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Ago (Fla. Att'y Gen. 2007).

Published | Florida Attorney General Reports

...es cited in this chapter or under similar statutes of other jurisdictions; (c) Offenses that were felonies when committed but are now misdemeanors; (d Findings of delinquency; or (e) Commissions of acts of domestic violence as defined in s. 741.30." Section 435.02 (3), Florida Statutes, defines "Licensing agency" as "any state or county agency which grants licenses or registration permitting the operation of an employer or is itself an employer....
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The Complaint of Hercules Carriers, Inc. v. Florida, 720 F.2d 1201 (11th Cir. 1983).

Published | Court of Appeals for the Eleventh Circuit | 1984 A.M.C. 2962, 1983 U.S. App. LEXIS 15248

not foresee the consequences. Res. of Torts 2d § 435(2). Recovery will likewise be denied when the damages
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Sipes v. Albertson's Inc., 728 So. 2d 1243 (Fla. 5th DCA 1999).

Published | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 4580, 1999 WL 193115

about the harm.” Restatement (Second) of Torts § 435(2) (1965). Id. at 503-04. In my opinion, this is

This Florida statute resource is curated by this site's author, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.