110.1127 Employee background screening and investigations.—
(1) Except as provided in subsection (2), each agency shall designate those positions that, based on the position duties, require background screening. All persons and employees in such positions must undergo employment screening in accordance with chapter 435, using level 1 screening standards, as a condition of employment and continued employment.
(2)(a) Each agency shall designate those positions that, because of the special trust or responsibility or sensitive location, require security background investigations. All persons and employees in such positions must undergo employment screening in accordance with chapter 435, using level 2 screening standards, including fingerprinting, as a condition of employment and continued employment.
(b) All positions within the Division of Treasury of the Department of Financial Services are deemed to be positions of special trust or responsibility. Individuals seeking or holding such positions may be disqualified for employment by reason of:
1. The conviction or prior conviction of a crime that is reasonably related to the nature of the position sought or held by the individual; or
2. The entering of a plea of nolo contendere, or when a jury verdict of guilty is rendered but adjudication of guilt is withheld, with respect to a crime that is reasonably related to the nature of the position sought or held by the individual.
(c)1. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility.
2. The agency may grant exemptions from disqualification from working with children, the developmentally disabled, or vulnerable adults as provided in s. 435.07.
(d) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:
1. Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as to such person’s qualifications for a position of special trust;
2. Use information contained in records for purposes other than background screening or investigation for employment, or release such information to other persons for purposes other than preemployment screening or investigation.
(e) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for any person willfully, knowingly, or intentionally to use juvenile records information for any purposes other than those specified in this section or to release such information to other persons for purposes other than those specified in this section.
(3) Any person who is required to undergo such a security background screening or investigation and who refuses to cooperate in such screening or investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed.
(4) Background screening and investigations shall be conducted at the expense of the employing agency. If fingerprinting is required, the fingerprints shall be taken by the employing agency, a law enforcement agency, or a vendor as authorized pursuant to s. 435.04, submitted to the Department of Law Enforcement for state processing, and forwarded by the Department of Law Enforcement to the Federal Bureau of Investigation for national processing. The agency or vendor shall remit the processing fees required by s. 943.053 to the Department of Law Enforcement.
...The Plaintiff is also a full-time student at Florida International University and expected to receive his degree in Criminal Justice in the Summer of 1987. 9. The 1985 Session of the Florida Legislature enacted Session Law 85-54, which amended Florida Statute 110.1127(3)(a)(l) to provide that within HRS all positions in programs providing care to children for 15 hours or more per week are deemed to be positions of special trust or responsibility and a person shall be disqualified for employment in any suc...
...It provides no exceptions for those people already employed by HRS who have good records. It is a blanket exclusion of a group of people forever from positions of special trust or responsibility within HRS. No other Florida Statute grants any relief whatsoever from the absolute prohibition contained in Florida Statute 110.1127(3)(a)(l)....
...Craft, 436 U.S. 1, 11-12 , 98 S.Ct. 1554, 1561-1562 , 56 L.Ed.2d 30 (1978); Goss v. Lopez, 419 U.S. 565, 573-574 , 95 S.Ct. 729, 735-736 , 42 L.Ed.2d 725 (1974); Hearn v. City of Gainesville, 688 F.2d 1328, 1332-1333 (11th Cir.1982). 4. Florida Statute 110.1127(3)(a)(l) is unconstitutional and violates the due process laws because it mandates the firing of a certain group of employees, including those who possess property interests in their employment, as does the Plaintiff, without even the most rudimentary type of due process....
...645, 649 , 92 S.Ct. 1208, 1211 , 31 L.Ed.2d 551 (1972); Carrington v. Rash, 380 U.S. 89, 96 , 85 S.Ct. 775, 780 , 13 L.Ed.2d 675 (1965); United States Dept. of Agriculture v. Murry, 413 U.S. 508, 514 , 93 S.Ct. 2832, 2835 , 37 L.Ed.2d 767 (1973). 6. Florida Statute 110.1127(3)(a)(l) contains a permanently irrebuttable presumption that all persons who have ever been convicted of one or more certain enumerated felonies, no matter how long ago, no matter how rehabilitated the individual, can never, under any circumstances, be placed in a position of special trust or responsibility within HRS....
...ot withdraw that right on grounds of misconduct absent fundamentally fair procedures.’ ” Since this case was heard by the Court, the Legislature, apparently recognizing the infirmities in the statute has amended it. (1987 Legis. HB 1409-amending S.110.1127 F.S.) Now a procedure has been provided so that an employee may seek an exemption....
...He now can have “process” of an apparently reasonable type to preserve his job. In view of his performance it is unlikely that “cause” could be shown to bar the exemption sought. 7. These facts also present the interesting question as to whether or not Florida Statute 110.1127(3)(a)(l) violates Article I, § 10 of the Constitution of the United States....
...Florida Statute 110.227(1) provides that a permanent status employee can be suspended or fired only for cause. The Statute became part of the Plaintiff’s employment contract with the State of Florida. The question becomes whether it was obliged to abide by it. Florida Statute 110.1127(3)(a)(l) required that the Plaintiff be fired presumably in violation of....
...ts into practice its handling of the exemption procedures. I note parenthetically further actions in this regard should, initially, at least, be addressed to the state courts. In view of the above, it is ORDERED AND ADJUDGED that: 1. Florida Statute 110.1127(3)(a)(l), in its original form, is unconstitutional on its face and as applied to the Plaintiff....
