Do I Need a Background Check for Volunteers Working With Kids?

What Florida law actually requires

Florida requires Level 2 background screening — fingerprint-based — for people in positions of trust with children or vulnerable adults, under Fla. Stat. ch. 435. This applies in licensed or specified settings. The Florida Department of Children and Families and the Agency for Health Care Administration run this screening for the programs they license.

Licensed vs. unlicensed — the real difference

If your program is licensed (childcare, healthcare, etc.), Level 2 screening is the law. If you run an unlicensed church group, PTA, or small nonprofit, the statute may not require it — but it's usually a best practice, and often your insurer will require it anyway. Don't assume "we're small" means "no check needed." Confirm with the Florida Department of Children and Families or your licensing agency before you place anyone around kids.

What the law does and doesn't protect

Florida's Volunteer Protection Act (Fla. Stat. 768.1355), along with the federal 1997 law, limits a volunteer's personal liability for ordinary negligence while acting within the scope of your nonprofit's work. It does not protect your organization. It does not cover gross negligence. It does not cover driving. Ask your insurer about volunteer accident coverage and non-owned auto coverage before anyone starts.

If volunteers will drive

A volunteer driving their own car is covered by their own insurance first — confirm their license and insurance, and consider non-owned auto coverage. A volunteer driving your organization's van is only covered if your policy specifically allows volunteer drivers. Ask before anyone gets behind the wheel.

Where to find volunteers who already expect this

Volunteer Florida — the state's commission on service, with a statewide volunteer portal and AmeriCorps grants.
AmeriCorps Seniors — RSVP, Foster Grandparents, and Senior Companions place volunteers 55+ with local organizations.
VolunteerMatch and JustServe — the largest volunteer listing platforms, free for nonprofits to post.

If teens will volunteer, Florida public high schools count service hours toward Bright Futures scholarships. The school's guidance office verifies hours — mention this when recruiting students.

What to do next

This page is general information, not legal or insurance advice. It can be wrong. Confirm screening rules with the Florida Department of Children and Families or your licensing agency, and coverage with your insurer, before volunteers work with children, seniors, or drive.

The free tool reads your own volunteer need — what the role is, who it serves, whether kids or driving are involved — and gives you the role written the way people respond to, the screening and insurance questions to ask, and the three places to post. Nothing you paste is stored.

The full version — $19

Recruiting kit · One role: write-up in three formats, sign-up form, volunteer agreement, screening checklist, thank-you

Use the free tool

Volunteer Match FL gives general guidance about recruiting and screening volunteers in Florida; it can be wrong, and it is not legal or insurance advice. Screening requirements depend on your program's licensing — confirm with the Florida Department of Children and Families or your licensing agency, and coverage with your insurer. Nothing you paste is stored.