Florida HR Compliance Checklist for DCF-Licensed Substance Abuse Providers (2026)
The main HR duties a Florida substance abuse provider licensed under Chapter 65D-30 has to keep track of, in the order they come due: before you hire, the first day, the first three business days, the first six months, every year, when something goes wrong, and when someone leaves. DCF's rules and the general Florida and federal employer rules sit on one list, each with its citation and labeled so you can tell which is which.
Reviewed November 6, 2026 · 9 min read · Published November 6, 2026
The short version
- DCF does not write your whole HR checklist. Rule 65D-30.004(4)(a) sets what goes in a personnel file, while E-Verify, new hire reporting, workers' compensation and the minimum wage come from general employer law. Those are not 65D-30 items, but they apply anyway, and E-Verify noncompliance can put a license at risk (s. 448.095(6)(b), F.S.).
- Most new-hire trainings under Rule 65D-30.0046(1)(c) are due within 6 months of hire, but nursing support training and medication training must be completed before the person performs the task.
- Level 2 screening under Chapter 397 depends on the role. It reaches owners, directors, chief financial officers and clinical supervisors, personnel with direct contact with children or developmentally disabled adults, and peer specialists (s. 397.4073(1)(a), F.S.).
- A private Florida employer with 25 or more employees must use E-Verify, within 3 business days after a new employee's first day of paid work, and keep the records for at least 3 years (s. 448.095(2), F.S.).
- Every Florida employer must report a new or rehired employee within 20 days of the hire date. A contractor paid $600 or more in a calendar year is reported too (s. 409.2576(3)-(4), F.S.).
- Florida's minimum wage is $15.00 an hour from September 30, 2026 through December 31, 2027 (Fla. Const. art. X, s. 24(c)), and employers who must pay it have to display the state's poster (s. 448.109(2), F.S.).
- Chapter 65D-30 sets no retention period for personnel records. The seven-year period at 65D-30.0041(2) is for clinical records, so your staff file schedule comes from the federal and Florida clocks in the last section of the checklist.
How to use this checklist
This list follows one employee from before hire to after they leave, because that is how HR work comes due. Work the first group once for your agency. Work the groups from "Before the person starts" through "Every year" for each person, and use "When something happens" and "When someone leaves" as they come up. Put "On their own clock" on the calendar, and read "How long to keep records" before you plan any purge.
The Scope column tells you where each item comes from. "DCF licensing" means Chapter 65D-30 or Chapter 397. "Florida screening law" means Chapter 435 and related statutes. "Florida employer law" and "Federal employer law" apply because you employ people, not because you hold a DCF license, and some depend on how many people you employ. "Recommended practice" is exactly that.
The list is a working summary. For the reasoning behind each DCF item, including who counts as personnel, how the role-based screening rules work and what each service component adds, read our Florida DCF 65D-30 personnel file guide. When a Level 2 date has already passed, or you are unsure which five-year date applies, use the Florida Level 2 rescreening guide.
It does not cover the extra staffing rules for each service component, the clinical duties in 65D-30, or an AHCA health care clinic or home health license. If you hold one of those, you owe that rule set as well.
Which employer rules apply at your headcount
A small provider and a large one do not owe the same employer rules. These are the thresholds behind the checklist. Read each one in its source, because they count employees in different ways, and some look back at the previous calendar year.
| Employees | What starts to apply | Citation |
|---|---|---|
| Any | Employment eligibility verification, new hire reporting, Florida minimum wage and its poster | ss. 448.095(2)(a), 409.2576(3)-(4), 448.109(2), F.S. |
| 4 or more | Workers' compensation coverage for a private employer outside construction, with its workplace notices | ss. 440.02(20)(b)2., 440.40, F.S. |
| More than 10 | OSHA injury and illness records, unless your industry is on the partially exempt list. Outpatient care centers (NAICS 6214) are on it. Residential mental health and substance abuse facilities (NAICS 6232) are not. The industry exemption applies per establishment, so a provider with outpatient and residential sites may owe records for only some of them. | 29 CFR 1904.1; 29 CFR 1904.2; 29 CFR Part 1904, Subpart B, Appendix A |
| 15 or more | Florida Civil Rights Act, Title VII and the Americans with Disabilities Act, for each working day in 20 or more calendar weeks in the current or preceding calendar year | s. 760.02(7), F.S.; 42 U.S.C. 2000e(b); 42 U.S.C. 12111(5)(A) |
| 20 or more | Federal COBRA, unless all employers maintaining the plan normally employed fewer than 20 on a typical business day in the preceding year. Florida's own continuation law covers small employers with fewer than 20. The Age Discrimination in Employment Act also starts here, for each working day in 20 or more calendar weeks. | 29 U.S.C. 1161(b); s. 627.6692(4)(h), F.S.; 29 U.S.C. 630(b) |
| 25 or more | E-Verify, for private employers | s. 448.095(2)(b)2., F.S. |
| 50 or more | Family and Medical Leave Act, for each working day in 20 or more calendar workweeks in the current or preceding calendar year | 29 CFR 825.104(a) |
Reemployment tax has its own test. A business is generally liable if, in the current or preceding calendar year, it paid at least $1,500 in wages in a calendar quarter or had at least one employee for any portion of a day in 20 different calendar weeks, or is liable for federal unemployment tax. A 501(c)(3) nonprofit is covered when it employs four or more workers for any portion of a day in 20 different calendar weeks (Florida Department of Revenue, Employer Guide to Reemployment Tax, RT-800002).
One name to watch: "FCRA" can mean the Florida Civil Rights Act above or the federal Fair Credit Reporting Act, which applies when you buy a background report from a screening company. They are different laws, and both appear on this list.
Where the first six months catch providers out
The first days stack short clocks from different agencies. Section 2 of the Form I-9 is due within 3 business days of hire, and Florida's verification runs on its own 3-business-day clock from the first day of paid work. The new hire report is due within 20 days. Hepatitis B vaccination must be offered within 10 working days of initial assignment where a person has occupational exposure.
The bigger risk comes before any of that. An employer may not allow someone in a screened role to have contact with a vulnerable person until screening is complete and shows no grounds for denial (s. 435.06(2)(a), F.S.). The exception is narrow: a person may be hired for training and orientation only, with no direct contact with vulnerable persons until screening finishes (s. 435.06(2)(d), F.S.). Record that restricted status with its start and end dates.
The six-month group is easy to lose track of because nothing forces it to happen on a set day. Start the six-month date when the person is hired, and put each training on the calendar then. Nursing support and medication training are not in that window at all: they must be finished before the person does the work, and a late certificate shows on its face.
Every training record needs five things: date, duration, topic, participants' names, and the trainer or training organization (65D-30.0046(1)(b)). If a vendor certificate leaves one out, add it in your training log.
Keeping records, and what must stay apart
A single personnel file does not work for everything. OSHA medical records, including hepatitis B vaccination status, must be kept confidential, which in practice means apart from the general file, and FMLA medical certifications must be kept "in separate files/records from the usual personnel files" (29 CFR 825.500(g)). Criminal history obtained for screening may not be used or released for any purpose other than background checks of personnel for employment (s. 397.4075(3), F.S.), so limit who can see it. Keeping Forms I-9 in their own binder is recommended practice, not law.
Retention runs on separate clocks, so do not set one purge date for a whole file. Keep the longest clock that applies to a document, and hold anything connected to a complaint, claim, lawsuit or investigation until your counsel releases it. The retention group at the end of the checklist lists each period.
The checklist
Every item below cites the rule it comes from. Take the PDF into the file room, or print this page.
Set up once for your agency
Written personnel policies covering recruitment and selection, promotion and termination, code of ethical conduct, sexual harassment, confidentiality of individual records, attendance and leave, employee grievance, non-discrimination, abuse reporting procedures, and orientation to universal infection control procedures
The agency · Before the first hire; keep current
Fla. Admin. Code R. 65D-30.004(4) · DCF licensing
Code of ethical conduct barring employees and volunteers from sexual activity with individuals receiving services for at least two years after the last professional contact
Employees and volunteers · Before the first hire; keep current
Fla. Admin. Code R. 65D-30.004(4) · DCF licensing
Drug-free workplace policy for employees and prospective employees
The agency · Before the first hire; keep current
Fla. Admin. Code R. 65D-30.004(4) · DCF licensing; the rule requires the policy, not a testing program
Staff development plan, signed and dated, with at least one staff member assigned to carry it out
The agency · Before the first hire; review at least annually
Fla. Admin. Code R. 65D-30.0046(1) and (1)(a) · DCF licensing
Register with the Care Provider Background Screening Clearinghouse
Employers of screened persons · Before initiating any screening
s. 435.12(2)(c)-(d), F.S. · Florida screening law
Enroll in E-Verify
Private employers with 25 or more employees · Before the first hire that needs it
s. 448.095(2)(b)2., F.S. · Florida employer law
Workers' compensation coverage
Private non-construction employers with four or more employees · While the threshold is met
s. 440.02(20)(b)2., F.S. · Florida employer law
Register for Florida reemployment tax with the Department of Revenue, and keep the address current so state notices reach you
Liable employers; see the headcount section for the tests · On becoming liable
Florida Department of Revenue, Employer Guide to Reemployment Tax (RT-800002, R. 03/25); s. 448.110(4)(b), F.S. (address) · Florida employer law
Display the Florida minimum wage poster where employees can see it, using the current year's poster
Employers who must pay the Florida minimum wage · At each establishment; replace when the state issues a new one
s. 448.109(2), F.S. · Florida employer law
Display the workers' compensation coverage notice and the anti-fraud reward notice
Employers with workers' compensation coverage · In conspicuous places at each business location
s. 440.40, F.S. · Florida employer law
Display the federal notices that apply to you: Fair Labor Standards Act, OSHA, EEOC, Employee Polygraph Protection Act and, if covered, FMLA
Employers covered by each law · Keep posted
U.S. Department of Labor, FLSA poster page; 29 CFR 1903.2(a)(1); 29 CFR 1601.30(a); 29 CFR 801.6; 29 CFR 825.300(a)(1) · Federal employer law
Display the state's To Employees reemployment assistance notice (RT-83)
Employers liable for reemployment tax · Keep posted
s. 443.151(1)(a), F.S.; Florida Department of Revenue, Employer Guide to Reemployment Tax (RT-800002, R. 03/25) · Florida employer law
Signed written agreement with a physician, physician assistant or APRN as medical consultant
Providers running treatment components not listed in 65D-30.004(6), such as outpatient · Keep current
Fla. Admin. Code R. 65D-30.004(6)(g) · DCF licensing
If you keep an emergency overdose prevention kit, a plan to train staff in its prescribed use and availability during all program hours
The agency · Keep current
Fla. Admin. Code R. 65D-30.004(22)(b) · DCF licensing
Display the most recent printed copy of the DCF license in a conspicuous, publicly accessible place
Each licensed site · Whenever DCF issues a new or amended license
Fla. Admin. Code R. 65D-30.003(1)(b); 65D-30.0032(1) · DCF licensing
Before the person starts
Current job description with minimum qualifications, and documentation that this person meets them
All staff · At hire; update when the role changes
Fla. Admin. Code R. 65D-30.004(4)(a)1. · DCF licensing
Employment application or resume
All staff · At hire
Fla. Admin. Code R. 65D-30.004(4)(a)2. · DCF licensing
Verified or certified copy of degrees, licenses or certificates
Each employee who holds one · At hire; refresh at each renewal
Fla. Admin. Code R. 65D-30.004(4)(a)5. · DCF licensing; checking with the issuing body is recommended practice, because the rule does not define "verified or certified"
Degree from an accredited university or college in counseling, social work, psychology, nursing, rehabilitation, special education, health education, or a related human services field
Bachelor's or master's level clinical staff · At hire
Fla. Admin. Code R. 65D-30.0046(4)(b) · DCF licensing
Evidence of the qualified professional route relied on: licensed under ch. 458, 459, 490 or 491; APRN under part I of ch. 464; or department-recognized certification plus at least a bachelor's degree
Qualified professionals · At hire; check the certifying organization against DCF's current list
s. 397.311(36), F.S.; Fla. Admin. Code R. 65D-30.0031(2)(a) · DCF licensing
Peer specialist certification from a Department-recognized organization, or dated evidence of working toward it with the named supervisor
Peer specialists · At hire
Fla. Admin. Code R. 65D-30.0046(5)(a); s. 397.417(3)(d), F.S. · DCF licensing; the rule's mandate is written for Department-funded peer support services
Level 2 eligibility determination from the Clearinghouse, and its documentation in the file
Owners, directors, chief financial officers and clinical supervisors; personnel with direct contact with children or developmentally disabled adults · Complete before contact with a vulnerable person in the screened role
s. 397.4073(1)(a)1.-2., F.S.; s. 435.06(2)(a), F.S.; Fla. Admin. Code R. 65D-30.004(4)(a)6. · Florida screening law, applied by DCF licensing. Section 397.4073(1)(i) and (1)(c) carve out physicians and nurses with active, unencumbered licenses screened by the Department of Health, and some supervised volunteers under 40 hours a month
Peer specialist screening under the s. 397.417(4) standard
Peer specialists with direct contact with individuals receiving services · Condition of initial and continued employment
s. 397.4073(1)(a)3., F.S.; Fla. Admin. Code R. 65D-30.004(4)(b)2. · Florida screening law, applied by DCF licensing
Submit the information needed for screening
Screened staff · Within 5 working days after receiving it
s. 435.05(1)(c), F.S. · Florida screening law
Attestation of Good Moral Character, form CF 1649 (June 2025)
Individuals subject to Level 2 screening · At the initial screening and every rescreening
Fla. Admin. Code R. 65D-30.004(4)(b)3. · DCF licensing
Signed attestation, under penalty of perjury, of meeting the chapter 435 requirements and agreeing to report a disqualifying arrest immediately
Screened staff · At hire; refresh at each rescreen
s. 435.05(2), F.S. · Florida screening law
Employment history verification and reference checks, with evidence the chief executive officer or designee assessed them
Employees with direct contact with children, or with intellectually or developmentally disabled adults, receiving services · At hire
Fla. Admin. Code R. 65D-30.004(4)(d); s. 397.4073(2), F.S. · DCF licensing
Standalone written disclosure and the person's written authorization, if you buy a background report from a screening company
Applicants and employees · Before you obtain the report
15 U.S.C. 1681b(b)(2)(A) · Federal employer law
Dated OIG exclusion list search, including all names the person has used
Employees and contractors, if you bill federal programs · Before employing or contracting, then periodically
HHS OIG, Updated Special Advisory Bulletin on the Effect of Exclusion (May 8, 2013) · Recommended practice; OIG says providers are not required by statute or regulation to check
Documented orientation-only status with its start date, the no-direct-contact restriction, and the date it was lifted
Anyone hired into a screened position before screening completes · During the pre-clearance period
s. 435.06(2)(d), F.S.; s. 435.02(8), F.S. · Florida screening law; the written record is recommended practice
First day
Form I-9, Section 1, signed by the employee
Employees · At the time of hire
8 CFR 274a.2(b)(1)(i)(A) · Federal employer law
Signed withholding certificate (Form W-4)
Employees · On or before the first day of employment
26 CFR 31.3402(f)(2)-1(a) · Federal employer law
Document signed and dated by the employee showing they received new staff orientation and understand the personnel policies and the program's operating policies and procedures
All staff · At hire
Fla. Admin. Code R. 65D-30.004(4)(a)4. · DCF licensing
Written overdose prevention plan covered with the new hire, so they have a working knowledge of it
All staff at licensed providers of clinical treatment services · At orientation, and on any change to the plan
Fla. Admin. Code R. 65D-30.004(22)(a) · DCF licensing; covering it at orientation is recommended practice, as the rule sets a knowledge standard
Prior-employer training certificates, with evidence the trainer or organization was qualified
New hires relying on training completed during the year before employment · At hire
Fla. Admin. Code R. 65D-30.0046(1)(e) · DCF licensing; credits the (1)(c) and (1)(d) trainings only
First 3 business days to first 20 days
Form I-9, Section 2, completed and signed by the employer
Employees · Within 3 business days of hire
8 CFR 274a.2(b)(1)(ii)(B) · Federal employer law
Verify employment eligibility, through E-Verify if you are a private employer with 25 or more employees. If E-Verify is unavailable for the full period, use the Form I-9 and document the outage
New employees filling permanent positions · Within 3 business days after the first day of paid work
s. 448.095(2)(a), (2)(b)2., (2)(c), F.S. · Florida employer law
Bloodborne pathogens training, with a record of dates, contents, trainer names and qualifications, and attendee names and job titles
Employees with occupational exposure · At initial assignment to tasks with exposure
29 CFR 1910.1030(g)(2)(ii)(A), (h)(2)(i) · Federal employer law
Hepatitis B vaccination offer and dates, or the signed declination, kept in the confidential medical file
Employees with occupational exposure · After the training and within 10 working days of initial assignment
29 CFR 1910.1030(f)(2)(i)-(iv) · Federal employer law
Report the new or rehired employee to the State Directory of New Hires
All employers · Within 20 days of the hire date
s. 409.2576(3)-(4)(a), F.S. · Florida employer law
Report a contractor paid $600 or more in a calendar year
Businesses paying independent contractors · Within 20 days after the earlier of the first reportable payment or the contract date
s. 409.2576(3)(b), (4)(b), F.S. · Florida employer law
Before the person does certain work
Nursing support function training, dated before the first shift performing it
Staff performing nursing support functions · Before performing the function
Fla. Admin. Code R. 65D-30.0046(1)(c)5. · DCF licensing
At least 2.5 hours of medication training from an LPN, RN or APRN, proof in the personnel file, and a signed certification of competency for unlicensed staff
Personnel who will supervise the self-administration of medication · Before first supervising self-administration
Fla. Admin. Code R. 65D-30.0046(1)(h), (1)(i) · DCF licensing
First 6 months
Two-hour HIV/AIDS educational course
All employees · Within 6 months of hire; one-time course
Fla. Admin. Code R. 65D-30.0046(1)(c)1.; s. 381.0035(1), F.S. · DCF licensing; s. 381.0035(4) excludes employees subject to s. 456.033, F.S.
Overdose prevention training: risk factors, recognition and response, and naloxone
All employees · Within 6 months of hire; renew every two years
Fla. Admin. Code R. 65D-30.0046(1)(c)2. · DCF licensing
Training in incident reporting, the Chapter 415 affirmative duty and protections, and Title V of the Americans with Disabilities Act
All employees · Within 6 months of hire
Fla. Admin. Code R. 65D-30.0046(1)(c)3. · DCF licensing
Two hours of verbal de-escalation training in the technique your written policy names
Direct care staff · Within 6 months of hire, then 2 hours annually
Fla. Admin. Code R. 65D-30.0046(1)(c)4.; 65D-30.004(12) · DCF licensing; all components except universal direct prevention services
Valid CPR and first aid certificates, filed in the personnel record
All direct care staff · Within 6 months of hire; keep current on the card's own expiry
Fla. Admin. Code R. 65D-30.0046(1)(c)6. · DCF licensing
First year
Twelve hours of competency-based training in substance use disorder treatment and recovery
New clinical staff working at least 20 hours per week · Within the first year of employment
Fla. Admin. Code R. 65D-30.0046(1)(f) · DCF licensing
Twelve hours of basic training in science-based prevention
New staff providing prevention services · Within the first year, on top of the other trainings
Fla. Admin. Code R. 65D-30.0046(1)(g) · DCF licensing
Florida certification for a qualified professional certified in another state
Persons certified elsewhere at the time of employment · No later than 1 year after the date of employment
s. 397.311(36), F.S. · DCF licensing
Peer specialist certification, if hired while working toward it
Peer specialists hired uncertified · Within one year
Fla. Admin. Code R. 65D-30.0046(5)(a) · DCF licensing
Every year
Performance appraisal
All staff · Annually
Fla. Admin. Code R. 65D-30.004(4)(a)3. · DCF licensing
At least 10 hours of documented training related to duties
Staff and volunteers who provide direct care or prevention services · Annually
Fla. Admin. Code R. 65D-30.0046(1)(d) · DCF licensing
The five named topics: infection prevention and control in inpatient and residential settings; fire prevention, life safety and disaster preparedness; safety awareness; rights of individuals served; and 42 CFR Part 2 with ss. 397.334(10), 397.501(7) and 397.752, F.S.
Staff and volunteers who provide direct care or prevention services · Annually
Fla. Admin. Code R. 65D-30.0046(1)(d)1.-5. · DCF licensing
Bloodborne pathogens refresher
Employees with occupational exposure · Within one year of the previous training
29 CFR 1910.1030(g)(2)(ii)(B), (g)(2)(iv) · Federal employer law
Review the staff development plan through the quality assurance program, then sign and date it
The agency · At least annually
Fla. Admin. Code R. 65D-30.0046(1)(a) · DCF licensing
Provider's attestation of compliance with chapter 435, signed under penalty of perjury
The provider as employer · Annually or at license renewal
s. 435.05(3), F.S. · Florida screening law
Confirmation of completed HIV/AIDS education, ready for the renewal application
The provider, across employees · With each renewal application
Fla. Admin. Code R. 65D-30.0036(1)(f) · DCF licensing
Two hours of verbal de-escalation training
Direct care staff · Annually
Fla. Admin. Code R. 65D-30.0046(1)(c)4. · DCF licensing; all components except universal direct prevention services
Review the written exposure control plan, signed and dated by the medical director or consulting physician
All staff, volunteers and individuals receiving services, at the components named in 65D-30.004(9) · Reviewed annually
Fla. Admin. Code R. 65D-30.004(9)(a)1. · DCF licensing
Post the OSHA 300A annual summary
Establishments required to keep OSHA injury records · February 1 through April 30
29 CFR 1904.32(b)(6) · Federal employer law
Submit Form 300A data to OSHA electronically
Establishments with 20 to 249 employees in a listed industry, which includes NAICS 6232, or 250 or more employees if required to keep records · By March 2
29 CFR 1904.41(a)(1)-(2), (c); 29 CFR Part 1904, Subpart E, Appendix A · Federal employer law
Certify E-Verify compliance on the first reemployment tax return of the year
Private employers with 25 or more employees · First return each calendar year
s. 448.095(2)(b)3., F.S. · Florida employer law
On their own clock
Clinical supervision log with the date, duration and content of each session, for staff in each licensed component
All licensed and unlicensed staff · Each session; the rule sets no minimum, so set one in policy and meet it
Fla. Admin. Code R. 65D-30.0046(2) · DCF licensing
Training records showing date, duration, topic, participants' names, and the trainer or training organization
All staff · Every required training
Fla. Admin. Code R. 65D-30.0046(1)(b) · DCF licensing
Level 2 rescreen with a new CF 1649
Everyone subject to screening · Within 5 years of the last screening results, or 5 years from licensure, employment or entry into the contract, whichever falls first
Fla. Admin. Code R. 65D-30.004(4)(b)3.; s. 408.809(2), F.S. · DCF licensing and Florida screening law
Clearinghouse roster matched against your actual staff, with status changes reported
All screened staff · Within 5 business days of any status change
s. 435.12(2)(c), F.S. · Florida screening law
Licenses, certifications and DEA registrations renewed and re-verified
Staff who hold them; every physician for DEA · Before each expiry
Fla. Admin. Code R. 65D-30.004(4)(a)5.; 65D-30.0036(1)(h), (2)(a) · DCF licensing
Check for a new Florida minimum wage notice and update pay and the poster
Employers who must pay the Florida minimum wage · $15.00 applies through December 31, 2027. The next rate is calculated September 30, 2027 and takes effect January 1, 2028, with the state posting it by October 15
Fla. Const. art. X, s. 24(c); s. 448.110(4)(b), F.S.; Florida Department of Commerce minimum wage notice (2026) · Florida employer law
Employer's Quarterly Report (RT-6) for reemployment tax
Liable employers · January 31, April 30, July 31 and October 31
Florida Department of Revenue, Employer Guide to Reemployment Tax (RT-800002, R. 03/25) · Florida employer law
Overdose prevention training renewal
All employees · Every two years
Fla. Admin. Code R. 65D-30.0046(1)(c)2. · DCF licensing
CPR and first aid renewal
All direct care staff · Before the card expires
Fla. Admin. Code R. 65D-30.0046(1)(c)6. · DCF licensing
Education of staff in the grievance system and individual rights
Staff · The rule states no interval, so set one in policy and meet it
Fla. Admin. Code R. 65D-30.0045(1)(a)5. · DCF licensing
Reverify on the Form I-9 when work authorization expires
Employees with time-limited work authorization · No later than the expiry date
8 CFR 274a.2(b)(1)(vii) · Federal employer law
When something happens
Remove a screened person arrested for a disqualifying offense from contact with vulnerable persons, then notify DCF. Keep the dated record. Any employee arrest is also a critical incident, below
Any screened staff member · Remove immediately; notify DCF within 2 days after removal, excluding weekends and holidays
s. 435.06(2)(b), F.S.; s. 397.415(1)(d)5., F.S. · Florida screening law, applied by DCF licensing
Written notice to the employee stating the specific record that indicates noncompliance
Staff with disqualifying screening information · On reasonable cause to believe grounds exist to deny or terminate
s. 435.06(1), F.S. · Florida screening law
Exemption request and DCF's written decision, kept in the file
Disqualified staff · Request within 30 days of notice; DCF decides within 60 days of a complete application
s. 397.4073(1)(f), F.S.; Fla. Admin. Code R. 65D-30.004(4)(c) · DCF licensing
If you act on a purchased background report: give a copy of the report and a written summary of rights first, then notice of the adverse action with the reporting agency's details and the person's rights
Applicants and employees · Copy before the adverse action; notice after it
15 U.S.C. 1681b(b)(3)(A); 15 U.S.C. 1681m(a) · Federal employer law
Check whether a returning person needs a new national screening, and log the break in service
Screened staff back after more than 90 days away, including PRN and per-diem staff · Before the return shift; not needed if prints are enrolled in the FBI retained print arrest notification program
s. 435.12(2)(b), F.S. · Florida screening law
Appoint an interim on departure, and give written notice to the regional office with proof of a current Florida license and no administrative actions
Any change of medical director · Within 24 hours
Fla. Admin. Code R. 65D-30.004(6)(f), (6)(g) · DCF licensing; components named in 65D-30.004(6). Medical consultants under (6)(g) are held to the same requirements, so give the same notice as a conservative reading
Written notice to the regional office, and documentation available from the governing board that screening is complete with no disqualifying offense
A new chief executive officer · Within 24 hours of the appointment
Fla. Admin. Code R. 65D-30.004(3)(c) · DCF licensing
Education, employment history and references for the new person, with the licensure application
A change in chief executive officer, chief financial officer or clinical supervisor · With the next licensure application after the change
Fla. Admin. Code R. 65D-30.0036(1)(c), (2)(a) · DCF licensing
Level 2 screening for the new owner
A change in ownership of less than a majority interest; a majority acquisition needs a new application for each site · On the change
Fla. Admin. Code R. 65D-30.0034(2) · DCF licensing
Critical incident report, including employee arrest, employee misconduct, significant injury to staff, and the death of an employee or visitor on the grounds
The provider · Within 24 hours of the incident occurring, in the Department's designated system, under your written procedure
Fla. Admin. Code R. 65D-30.004(17)(a), (17)(b) · DCF licensing
Report a workplace injury or death to the workers' compensation carrier
Employers with coverage · Within 7 days after actual knowledge
s. 440.185(2), F.S. · Florida employer law
Report a work-related death to OSHA, and any in-patient hospitalization, amputation or eye loss
All employers, including those exempt from routine injury records · Death within 8 hours; the others within 24 hours
29 CFR 1904.39(a)(1)-(2); 29 CFR 1904.1 · Federal employer law
When someone leaves
Report the end of employment on the Clearinghouse roster
Screened staff · Within 5 business days
s. 435.12(2)(c), F.S. · Florida screening law
Terminate or reassign a person found in noncompliance with the screening standards, unless an exemption is granted
Staff who fail screening · On the finding
s. 435.06(2)(c), F.S. · Florida screening law
Pay final wages under your written policy. Federal law does not require final pay immediately, and we found no Florida statute setting a deadline, so confirm with your counsel
Departing employees · Per your policy
U.S. Department of Labor, Last Paycheck · Recommended practice
Notify the group health plan administrator of the qualifying event
Employers subject to federal COBRA · Within 30 days; the administrator then has 14 days to notify the person. If you are also the administrator, the combined period is 44 days
29 U.S.C. 1166(a)(2), (c); 29 U.S.C. 1161(b); 29 CFR 2590.606-4(b)(2) · Federal employer law
Tell the person about Florida continuation coverage: under this law, they notify the carrier themselves
Small employers with fewer than 20 employees · The person must give the carrier written notice within 63 days of the qualifying event
s. 627.6692(4)(h), (5)(d)1., F.S. · Florida employer law; telling the person is recommended practice
Answer any Notice of Reemployment Assistance Claim Filed
Employers registered for reemployment tax · Within 14 days after the mailing date of the notice
s. 443.151(3)(a), F.S.; Florida Department of Revenue, Employer Guide to Reemployment Tax (RT-800002, R. 03/25) · Florida employer law
How long to keep records
Personnel file under 65D-30: no period is set. The seven-year period at 65D-30.0041(2) is for clinical records, so set your own in writing, at least as long as the clocks below
All staff · Your written schedule
Fla. Admin. Code R. 65D-30.004(4)(a); 65D-30.0041(2) · DCF licensing
Form I-9
Employees · 3 years after hire or 1 year after termination, whichever is later
8 CFR 274a.2(b)(2)(i)(A) · Federal employer law
Employment eligibility documentation and any official verification
Employees · At least 3 years
s. 448.095(2)(d), F.S. · Florida employer law
Payroll records 3 years from the last entry; time cards and wage rate tables 2 years
Employers covered by the FLSA · As stated
29 CFR 516.5(a); 29 CFR 516.6(a) · Federal employer law
Personnel and employment records, including hiring, promotion and termination decisions
Employers covered by Title VII, the ADA, GINA or the PWFA, generally 15 or more employees · 1 year from the record or the personnel action, whichever is later; 1 year from an involuntary termination; once a charge is filed, keep relevant records until final disposition
29 CFR 1602.14 · Federal employer law
FMLA records, with medical certifications in separate confidential files
FMLA-covered employers · At least 3 years
29 CFR 825.500(b), (g) · Federal employer law
Bloodborne pathogens training records 3 years from the training; exposure medical records for employment plus 30 years, with a limited exception for employees of under one year
Employees with occupational exposure · As stated
29 CFR 1910.1030(h)(1)(iv), (h)(2)(ii); 29 CFR 1910.1020 · Federal employer law
HIPAA privacy training and sanction documentation
HIPAA covered entities · 6 years from creation or when last in effect, whichever is later
45 CFR 164.530(j)(2) · Federal employer law
OSHA 300 Log, 300A annual summary and 301 incident reports
Establishments required to keep OSHA injury records · 5 years after the end of the calendar year covered
29 CFR 1904.33(a) · Federal employer law
Questions administrators ask
What HR compliance does a Florida DCF-licensed substance abuse provider need?
Two layers. Chapter 65D-30 and Chapter 397 set the licensing layer: personnel records, role-based Level 2 screening, required trainings and clinical supervision records. General employer law adds the rest: employment eligibility verification, new hire reporting within 20 days, the minimum wage and its poster, workers' compensation at four or more employees, and others that depend on headcount. Both layers apply at once.
Does a Florida substance abuse provider have to use E-Verify?
A private employer with 25 or more employees does, within 3 business days after a new employee's first day of paid work (s. 448.095(2), F.S.). Smaller employers still have to verify eligibility within that time, and can use the Form I-9. The records must be kept at least 3 years. After three failures in a 24-month period, the state must fine the employer $1,000 a day until the failure is cured, and noncompliance can lead to license suspension (s. 448.095(6)(b), F.S.).
What must be done in the first six months after hire under 65D-30?
All employees need the two-hour HIV/AIDS course, overdose prevention training, and training in incident reporting, the Chapter 415 duty and Title V of the ADA. Direct care staff also need two hours of verbal de-escalation and valid CPR and first aid certificates (65D-30.0046(1)(c)). Nursing support and medication training are not in that window: they must be finished before the person does that work.
Does every employee need a Level 2 background screening?
Not under Chapter 397 alone. It reaches owners, directors, chief financial officers and clinical supervisors, personnel with direct contact with children or developmentally disabled adults, and peer specialists under their own standard (s. 397.4073(1)(a), F.S.). Your contracts, accreditor or own policy can require more, so decide on purpose and write the decision down.
How long should a Florida DCF provider keep personnel records?
Chapter 65D-30 does not set a period for personnel records. The seven years at 65D-30.0041(2) is for clinical records. Retention comes from other clocks: for example, Form I-9 for 3 years after hire or 1 year after termination, whichever is later; payroll records for 3 years; and HIPAA documentation for 6 years. Set your own written schedule that is at least as long as the clocks that apply, and hold anything tied to a claim or investigation.
What must a provider do when an employee leaves?
If the person is on your Clearinghouse roster, report the status change within 5 business days (s. 435.12(2)(c), F.S.). If you are subject to federal COBRA, notify the plan administrator within 30 days. Answer any reemployment assistance claim notice within 14 days after its mailing date (s. 443.151(3)(a), F.S.). Then keep the file on the clocks in the retention section. If the person was your chief executive officer, medical director, chief financial officer or clinical supervisor, the checklist's leadership change items also apply.
Is this the same as the 65D-30 personnel file checklist?
No. Our personnel file guide goes through the DCF rules in depth, including who counts as personnel, each role's qualifications, component staffing, and what a licensing review costs when a file is short. This checklist is the shorter working list, in the order things come due, and adds the general employer duties that sit outside 65D-30.
Sources
- Chapter 65D-30, F.A.C., chapter home
- Fla. Admin. Code R. 65D-30.004, Common Licensing Standards
- Fla. Admin. Code R. 65D-30.0046, Staff Training, Qualifications, and Scope of Practice
- Fla. Admin. Code R. 65D-30.0036, Licensure Application and Renewal
- Fla. Admin. Code R. 65D-30.0034, Change of Ownership
- s. 397.4073, F.S., Background checks of service provider personnel
- s. 397.311, F.S., Definitions
- s. 397.415, F.S., Denial, suspension, revocation of license
- s. 397.4075, F.S., Penalties
- s. 435.05, F.S., Requirements for covered employees
- s. 435.06, F.S., Exclusion from employment
- s. 435.12, F.S., Care Provider Background Screening Clearinghouse
- s. 408.809, F.S., Background screening; prohibited offenses
- s. 381.0035, F.S., Educational course on HIV and AIDS
- s. 448.095, F.S., Employment eligibility
- s. 409.2576, F.S., State Directory of New Hires
- s. 448.109, F.S., Notification of the state minimum wage
- s. 448.110, F.S., State minimum wage; annual wage adjustment
- Florida Department of Commerce, Florida's Minimum Wage Updated September 30, 2026
- s. 440.02, F.S., Definitions (workers' compensation)
- s. 440.185, F.S., Notice of injury or death
- s. 440.40, F.S., Compensation notice
- s. 760.02, F.S., Definitions (Florida Civil Rights Act)
- s. 627.6692, F.S., Florida Health Insurance Coverage Continuation Act
- Florida Department of Revenue, Employer Guide to Reemployment Tax (RT-800002)
- s. 443.151, F.S., Procedure concerning claims
- Constitution of the State of Florida, art. X, s. 24
- s. 435.02, F.S., Definitions
- s. 397.417, F.S., Peer specialists
- 8 CFR 274a.2, Verification of identity and employment authorization
- 26 CFR 31.3402(f)(2)-1, Furnishing of withholding allowance certificates
- 29 CFR 516.5 and 516.6, Records to be preserved
- 29 CFR 825.104, 825.300 and 825.500, Family and Medical Leave Act
- 29 CFR 1602.14, Preservation of records made or kept
- 29 CFR 1904.1, Partial exemption for employers with 10 or fewer employees
- 29 CFR 1904.39, Reporting fatalities, hospitalizations, amputations and losses of an eye
- 29 CFR Part 1904, Subpart B, Appendix A, Partially exempt industries
- 29 CFR 1904.2, 1904.32, 1904.33 and 1904.41, OSHA injury and illness records
- 29 CFR Part 1904, Subpart E, Appendix A, Designated industries
- 29 CFR 1903.2, Posting of notice
- 29 CFR 1601.30, Notices to be posted
- 29 CFR 801.6, Notice of protection
- 29 CFR 2590.606-4, Notice requirements for plan administrators
- 42 U.S.C. 2000e, Title VII definitions
- 42 U.S.C. 12111, ADA definitions
- 29 U.S.C. 630, ADEA definitions
- 15 U.S.C. 1681m, Requirements on users of consumer reports
- 29 CFR 1910.1030, Bloodborne pathogens
- 29 CFR 1910.1020, Access to employee exposure and medical records
- 45 CFR 164.530, Administrative requirements
- 15 U.S.C. 1681b, Permissible purposes of consumer reports
- 29 U.S.C. 1161, Plans must provide continuation coverage
- 29 U.S.C. 1166, Notice requirements
- U.S. Department of Labor, FLSA minimum wage poster
- U.S. Department of Labor, Last Paycheck
- HHS OIG, Updated Special Advisory Bulletin on the Effect of Exclusion (May 8, 2013)
This checklist is general information for Florida providers licensed by the Department of Children and Families under Chapter 397, F.S. It is not legal advice and does not list every duty that may apply to your agency. Rules, forms and rates change, and DCF regional offices may take positions the rule text does not settle. Check each item against the current rule, and take your own employment counsel's advice before removing, reassigning or terminating anyone. Published by McIntosh Insurance Group, LLC d/b/a Corvara HR, Fort Lauderdale, Florida. Reviewed November 6, 2026.