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The 2025 Florida Statutes
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F.S. 435.02435.02 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 435.02
Total Results: 18
593 So. 2d 500, 17 Fla. L. Weekly Supp. 64, 1992 Fla. LEXIS 103, 1992 WL 10612
Supreme Court of Florida | Filed: Jan 23, 1992 | Docket: 2516524
Cited 467 times | Published
about the harm." Restatement (Second) of Torts § 435(2) (1965).
Unlike in the "duty" context, the question
604 So. 2d 1222, 1992 WL 171211
Supreme Court of Florida | Filed: Jul 23, 1992 | Docket: 2516223
Cited 60 times | Published
at 504 (quoting Restatement (Second) of Torts § 435(2) (1965). Where reasonable persons may differ on
692 So. 2d 164, 1997 WL 182885
Supreme Court of Florida | Filed: Apr 17, 1997 | Docket: 181948
Cited 18 times | Published
at 504 (quoting Restatement (Second) of Torts, § 435(2)(1965)). In other words, the court should grant
642 So. 2d 774, 1994 WL 483397
District Court of Appeal of Florida | Filed: Sep 8, 1994 | Docket: 173020
Cited 16 times | Published
504, quoting from Restatement (Second) of Torts § 435(2) (1965).
The trial court in the present case resolved
370 F. Supp. 2d 1226, 2005 U.S. Dist. LEXIS 13916, 2005 WL 1307666
District Court, M.D. Florida | Filed: Jun 1, 2005 | Docket: 2392747
Cited 10 times | Published
'" Id. (quoting Restatement (Second) of Torts § 435(2) (1965)). The Florida Supreme Court has expressly
874 So. 2d 1282, 2004 WL 1360865
District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 1473824
Cited 8 times | Published
about the harm." Restatement (Second) of Torts § 435(2) (1965).
Unlike in the "duty" context, the question
355 B.R. 894, 20 Fla. L. Weekly Fed. B 221, 2006 Bankr. LEXIS 3469
United States Bankruptcy Court, S.D. Florida. | Filed: Dec 8, 2006 | Docket: 1735519
Cited 7 times | Published
504, quoting from Restatement (Second) of Torts § 435(2) (1965).
MSM cannot get past McCain's first step
864 So. 2d 473, 2004 WL 19494
District Court of Appeal of Florida | Filed: Jan 2, 2004 | Docket: 1727693
Cited 5 times | Published
about the harm." Restatement (Second) of Torts § 435(2) (1965).
Unlike in the "duty" context the question
696 So. 2d 933, 1997 WL 374199
District Court of Appeal of Florida | Filed: Jul 9, 1997 | Docket: 1695962
Cited 5 times | Published
503-504 (quoting from Restatement (Second) of Torts § 435(2) (1965)). The court observed, however, that a trial
753 So. 2d 138, 2000 WL 139757
District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 1433927
Cited 4 times | Published
1992) (quoting Restatement (Second) of Torts, § 435(2)(1965)). The issue may be decided by the court
877 F.2d 1508, 1989 WL 72756
Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 1989 | Docket: 66245625
Cited 4 times | Published
about the harm.” Restatement (Second) of Torts § 435(2). The court may yet draw that conclusion after
517 So. 2d 717, 1987 WL 2664
District Court of Appeal of Florida | Filed: Dec 15, 1987 | Docket: 540998
Cited 4 times | Published
grounds.
The above statements are consistent with section 435(2) of the Restatement, which asserts: "The actor's
604 So. 2d 1241, 1992 WL 206377
District Court of Appeal of Florida | Filed: Aug 28, 1992 | Docket: 1686302
Cited 3 times | Published
at 504 (quoting Restatement (Second) of Torts § 435(2) (1965)). Where reasonable persons may differ on
832 F. Supp. 2d 1370, 2011 U.S. Dist. LEXIS 140188, 2011 WL 6048687
District Court, M.D. Florida | Filed: Dec 6, 2011 | Docket: 65977475
Cited 1 times | Published
about the harm.” Restatement (Second) of Torts § 435(2) (1965).
593 So.2d at 503-04. The Supreme Court
48 So. 3d 139, 31 I.E.R. Cas. (BNA) 1005, 2010 Fla. App. LEXIS 17703, 2010 WL 4721150
District Court of Appeal of Florida | Filed: Nov 19, 2010 | Docket: 2398072
Cited 1 times | Published
about the harm." Restatement (Second) of Torts § 435(2) (1965).
Graham, 864 So.2d at 477-78.
The crux
Florida Attorney General Reports | Filed: Oct 16, 2007 | Docket: 3258139
Published
domestic violence as defined in s. 741.30."
Section 435.02(3), Florida Statutes, defines "Licensing agency"
728 So. 2d 1243, 1999 Fla. App. LEXIS 4580, 1999 WL 193115
District Court of Appeal of Florida | Filed: Apr 9, 1999 | Docket: 64787070
Published
about the harm.” Restatement (Second) of Torts § 435(2) (1965).
Id. at 503-04.
In my opinion, this is
720 F.2d 1201, 1984 A.M.C. 2962, 1983 U.S. App. LEXIS 15248
Court of Appeals for the Eleventh Circuit | Filed: Nov 16, 1983 | Docket: 66194189
Published
not foresee the consequences. Res. of Torts 2d § 435(2). Recovery will likewise be denied when the damages
