(1)(a) All employees required by law to be screened under this section and persons with an affiliation with a qualified entity for whom the qualified entity chooses to conduct screening under s. 943.0542 must undergo security background investigations as a condition of employment and continued employment which includes, but is not limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, national criminal history records checks through the Federal Bureau of Investigation, and local criminal records checks through local law enforcement agencies. A security background investigation under this section also includes a search of the sexual predator and sexual offender registries of any state in which the current or prospective employee resided during the immediate preceding 5 years.
(b) Fingerprints submitted pursuant to this section must be submitted electronically to the Department of Law Enforcement.
(c) An agency may contract with one or more vendors to perform all or part of the electronic fingerprinting pursuant to this section. Such contracts must ensure that the owners and personnel of the vendor performing the electronic fingerprinting are qualified and will ensure the integrity and security of all personal information.
(d) Vendors who submit fingerprints on behalf of employers must:
2. Have the ability to communicate electronically with the state agency accepting screening results from the Department of Law Enforcement and provide the applicant’s full first name, middle initial, and last name; social security number or individual taxpayer identification number; date of birth; mailing address; sex; and race.
(2) The security background investigations under this section must ensure that persons subject to this section have not been arrested for and are awaiting final disposition of; have not been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to; or have not been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction:
(a) Section 39.205, relating to the failure to report child abuse, abandonment, or neglect.
(b) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.
(c) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.
(d) Section 414.39, relating to fraud, if the offense was a felony.
(e) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.
(f) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.
(r) Section 787.02, relating to false imprisonment.
(s) Section 787.025, relating to luring or enticing a child.
(t) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.
(u) Section 787.04(3), relating to carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person.
(v) Section 787.06, relating to human trafficking.
(qq) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.
(rr) Section 827.04, relating to contributing to the delinquency or dependency of a child.
(ss) Former s. 827.05, relating to negligent treatment of children.
(tt) Section 827.071, relating to sexual performance by a child.
(uu) Section 831.311, relating to the unlawful sale, manufacture, alteration, delivery, uttering, or possession of counterfeit-resistant prescription blanks for controlled substances.
(vv) Section 836.10, relating to written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
(ww) Section 843.01, relating to resisting arrest with violence.
(xx) Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication.
(yy) Section 843.12, relating to aiding in an escape.
(zz) Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions.
(aaa) Chapter 847, relating to obscene literature.
(bbb) Section 859.01, relating to poisoning food or water.
(ccc) Section 873.01, relating to the prohibition on the purchase or sale of human organs and tissue.
(ddd) Section 874.05, relating to encouraging or recruiting another to join a criminal gang.
(eee) Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor.
(fff) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.
(ggg) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.
(iii) Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner.
(jjj) Section 944.47, relating to introduction of contraband into a correctional facility.
(kkk) Section 985.701, relating to sexual misconduct in juvenile justice programs.
(lll) Section 985.711, relating to contraband introduced into detention facilities.
(3) The security background investigations under this section must ensure that no person subject to this section has been arrested for and is awaiting final disposition of, been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s. 741.28, whether such act was committed in this state or in another jurisdiction.
(4) For the purpose of screening applicability to participate in the Medicaid program, the security background investigations under this section must ensure that a person subject to screening under this section has not been arrested for and is not awaiting final disposition of; has not been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to; and has not been adjudicated delinquent and the record sealed or expunged for, any of the following offenses:
(a) Violation of a federal law or a law in any state which creates a criminal offense relating to:
1. The delivery of any goods or services under Medicaid or Medicare or any other public or private health care or health insurance program, including the performance of management or administrative services relating to the delivery of goods or services under any such program;
2. Neglect or abuse of a patient in connection with the delivery of any health care good or service;
3. Unlawful manufacture, distribution, prescription, or dispensing of a controlled substance;
4. Fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct;
5. Moral turpitude, if punishable by imprisonment of a year or more; or
6. Interference with or obstruction of an investigation into any criminal offense identified in this subsection.
(b) Violation of the following state laws or laws of another jurisdiction:
1. Section 817.569, criminal use of a public record or information contained in a public record;
2. Section 838.016, unlawful compensation or reward for official behavior;
3. Section 838.021, corruption by threat against a public servant;
7. Section 839.26, misuse of confidential information.
(c) Violation of a federal or state law, rule, or regulation governing the Florida Medicaid program or any other state Medicaid program, the Medicare program, or any other publicly funded federal or state health care or health insurance program.
...Heburn seeks to become employed as a mental health counselor with Tallahassee Memorial Hospital. Because of his commission of the two offenses of possession of marijuana on school property with intent to sell in 1986 and armed robbery in 1991, he was disqualified from such a "position of trust" pursuant to section 435.04, Florida Statutes (1997)....
Cited 6 times | Published | Florida 1st District Court of Appeal | 1999 WL 1049356
...orida Statutes or under any similar statute of another jurisdiction:... Subparagraphs (2)(a) through (cc) enumerate the proscribed statutory offenses for purposes of the Level 1 screening standards. The "Level 2 screening standards" are set forth in section 435.04, Florida Statutes (1997), which provides in part: (1) All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment....
...lty to, any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction: ... As with section 435.03, subparagraphs (2)(a) through (cc) enumerate the statutory offenses for the section 435.04 Level 2 screening standards....
...for just cause. Count II of the amended complaint alleged denial of due process, based on the Chapter 435 presumption that all persons identified as having entered a no contest or guilty plea to the list of offenses set forth in sections 435.03 and 435.04, Florida Statutes, is unfit to be employed as a caregiver to juveniles, to the disabled, or to the aged....
...ost facto law, in that the disqualification from employment demanded for pleas of guilty or no contest added a penalty to the respective offenses that was absent at the time plaintiffs/appellants committed any offense described in sections 435.03 or 435.04....
...background screening. See § 402.305, Fla. Stat. The purpose of the screening is to determine whether the individual has been arrested for or convicted of certain enumerated disqualifying offenses, including felony drug offenses and child abuse. See § 435.04(2)(hh), (rr), Fla....
Cited 3 times | Published | Florida 4th District Court of Appeal
...He pled no contest to the misdemeanor of exposure of sexual organs, which
is a disqualifying offense from being able to work with children and
vulnerable adults under Florida’s Level 2 employment screening
standards. § 800.03, Fla. Stat. (2016); § 435.04(2)(x), Fla....
Cited 2 times | Published | Florida 1st District Court of Appeal
...ng those family members of the operator over the age of 12 years, must be screened for "good moral character." Because K.J.S.'s wife applied to operate a family day-care facility in their home, K.J.S., like personnel, was subject to screening. Under section 435.04(2)(d) & (y), Florida Statutes (2005), the background security investigations conducted under this section "must ensure that no persons subject to the provisions of this section have been found guilty of" felonies related to "murder" and to "robbery," respectively....
Cited 1 times | Published | Florida 1st District Court of Appeal
...Florida Statutes (2015) (“Title XXXII Regulation of Professions
and Occupations”: “Nursing” – “Disciplinary actions”), by having
(1) entered a plea of nolo contendere to a charge of burglary of an
unoccupied dwelling, an offense listed in section 435.04(2)(z),
Florida Statutes (“Level 2 screening standards”), and (2) by failing
to report the fact of her plea to the Board of Nursing in violation of
section 456.072(1)(x), Florida Statutes (“Grounds for discipline;
penalties; enforcement”)....
...No further
elaboration on the circumstances of the burglary of the unoccupied
dwelling are contained in the report or anywhere else in the record.
II
The entry of a plea of nolo contendere to “any offense
prohibited under s. 435.04” constitutes grounds for disciplinary
action by the Board of Nursing under section 464.018(1)(e). Section
435.04(2)(z) lists burglary in section 810.02, Florida Statutes, as a
qualifying offense....
...In Heburn, appellant sought employment as a mental-health counselor after being previously convicted of possession of marijuana on school property with intent to sell and armed robbery. Id. at 562. However, because of his convictions, Heburn was disqualified pursuant to section 435.04, Florida Statutes (1997)....
...a student and the access remains in the school district employee's or the contractor's line of sight." 9 Also excepted from the statute's requirements are noninstructional contractors who are required to undergo a level 2 background screening under section 435.04 for licensure, certification, employment, or other purposes and who submit the evidence required by the statute....
...instructional school district employees who are permitted access on school grounds when students are present, who have direct contact with students, or who have access to or control of school funds meet level 2 screening requirements as described in section 435.04 , Florida Statutes? 2) If so, does section 1012.465 , Florida Statutes, or other authority allow for exemptions, exceptions, or waivers of the requirement that such employees meet level 2 screening requirements? 3) If so, do local scho...
...ckground screening as required under s. 1012.465 or s. 1012.56 , [Florida Statutes,] whichever is applicable." 2 While sections 1012.465 and 1012.32 , Florida Statutes, refer to level 2 screening requirements, neither statute specifically references section 435.04 , Florida Statutes. Section 435.04 , however, sets forth the level 2 screening standards. An examination of the legislative history regarding the enactment and subsequent amendment of section 1012.465 indicates that the reference in the statute to level 2 screening requirements means those standards set forth in section 435.04 ....
...uctional school district employees who are permitted access on school grounds when students are present, who have direct contact with students, or who have access to or control of school funds must meet level 2 screening requirements as described in section 435.04 , Florida Statutes. Question Three As discussed in the previous question, section 435.04 , Florida Statutes, sets forth the level 2 screening standards....
...1012.465 , F.S., to provide for background screening requirements for certain noninstructional school district employees or contractors who have direct contact with students or who have access to or control of school funds. These individuals must meet the level 2 screening requirements in s. 435.04 , F.S., for initial employment....
...1, dated March 25, 2007, recognizing that the Legislature in the past several years has increasingly required individuals who come into contact with students to submit to Level 2 background checks and noting that "Level 2 background screening standards (disqualifying offenses) are enumerated in s. 435.04 , F.S." 4 See, e.g., Mallory v....
...943.043 and the National Sex Offender Public Registry maintained by the United States Department of Justice. 7 Cf. s. 1012.321 , Fla. Stat., providing that instructional personnel who are required to undergo level 2 background screening under s. 393.0655 or s. 402.305 and who meet the level 2 screening standards in s. 435.04 are not required to be rescreened in order to satisfy the screening requirements in s....
...Angela Harris appeals the denial of unemployment compensation benefits. We find that the record lacks competent substantial evidence to support the referee’s finding that Harris committed an offense that would disqualify her from employment under section 435.04, Florida Statutes (2001)....
...Catherine T.L.C., Inc.’s assisted living facility (ALF) license renewal application is DENIED.” As the basis for the denial, AHCA specified: “Pursuant to section 400.414(l)(f), Florida Statutes ... you do not meet the level 2 background screening requirements under section 435.04(4)(a), F.S., as evidenced by your being listed as a confirmed perpetrator of abuse, neglect or exploita *657 tion in Department of Children and Family Services, Final Order Case No....
...rity” in violation of section 794.041, which was repealed in 1993. Thus, DCFS pondered, “How, then, could 794.041 ever be a disqualifying offense if it only applied to offenses committed on or after October 1, 1995?” Similarly, DCFS noted that section 435.04(3)(c), as amended in 2001, states in pertinent part: The Department of Juvenile Justice may not remove a disqualification from employment or grant an exemption to any person who is disqualified under this section for any offense disposed of during the most recent 7-year period....
...those family members of the operator over the age of 12 years, must be screened for "good moral character.” Because KJ.S.’s wife applied to operate a family day-care facility in their home, K.J.S., like personnel, was subject to screening. Under section 435.04(2)(d) & (y), Florida Statutes (2005), the background security investigations conducted under this section "must ensure that no persons subject to *1108 the provisions of this section have been found guilty of” felonies related to "murder” and to "robbery,” respectively....
...He has also run programs for elderly adults, such as pickleball.
In 1998, J.J. pleaded guilty to grand theft, an offense that
indisputably disqualifies him from any position in any program providing
care to children, the disabled, or vulnerable adults. See § 435.04(2)(cc),
Fla. Stat. (2023); see also § 435.04(2)(r), Fla....
...was placed on probation for a period of ten years and
ordered to pay restitution.
In 2005, J.J. was arrested for two counts of sexual battery upon a
person twelve or older but less than eighteen by a person in
familial/custodial authority—another disqualifying offense. See §
435.04(2)(s), Fla. Stat. (2023); see also § 435.04(2)(s), Fla....
...” §
402.301(2), Fla. Stat. Good moral character is based upon a screening. §
402.305(2), Fla. Stat. This screening includes background investigations
3
as a condition of employment and continued employment. § 435.04, Fla.
Stat....
...The legislature has identified offenses that disqualify a person from
working as a childcare personnel unless that person is granted an
exemption by the Department. § 435.07(4), Fla. Stat. Among the
disqualifying offenses is pleading to any charge relating to prostitution. §
435.04(2)(v), Fla....
judgment or decree. 3 Am.Jur., Appeal and Error, Section 435; 4 C.J.S., Appeal and Error, §§106 and 441. This
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
