The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 435
EMPLOYMENT SCREENING

View Entire Chapter

F.S. 435.03

435.03 Level 1 screening standards.—

(1) All employees required by law to be screened pursuant to this section must undergo background screening as a condition of employment and continued employment which includes, but need not be limited to, employment history checks and statewide criminal correspondence checks through the Department of Law Enforcement, and a check of the Dru Sjodin National Sex Offender Public Website, and may include local criminal records checks through local law enforcement agencies.

(2) Any person required by law to be screened pursuant to this section must not have an arrest awaiting final disposition, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under s. 435.04(2) or similar law of another jurisdiction.

(3) The security background investigations under this section must ensure that no person subject to this section has 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.

History.—s. 47, ch. 95-228; s. 15, ch. 96-268; s. 21, ch. 96-322; s. 3, ch. 98-417; s. 87, ch. 2000-153; s. 45, ch. 2000-349; s. 62, ch. 2001-62; s. 50, ch. 2003-1; s. 4, ch. 2004-267; s. 3, ch. 2005-119; s. 89, ch. 2006-197; s. 61, ch. 2006-227; s. 109, ch. 2007-5; s. 16, ch. 2008-244; s. 37, ch. 2010-114; s. 34, ch. 2011-4.

F.S. 435.03 on Google Scholar

F.S. 435.03 on Casetext

Amendments to 435.03

Arrestable Offenses / Crimes under Fla. Stat. 435.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 435.03.

Annotations, Discussions, Cases:

Cases from cite.case.law:

R. SLEDGE, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 861 So. 2d 1189 (Fla. Dist. Ct. App. 2003)

. . . Section 435.03, entitled, “Level 1 screening standards,” states in subsection (2)(cc): Any person for . . . undisputed that Sledge’s conviction for importing cocaine is a disqualifying offense under section 435.03 . . .

FLORIDA PUBLIC EMPLOYEES COUNCIL AFSCME v. DEPARTMENT OF CHILDREN AND FAMILIES, 745 So. 2d 487 (Fla. Dist. Ct. App. 1999)

. . . Section 435.03, Florida Statutes (1997), captioned “Level 1 screening standards,” provides in part: ( . . . As with section 435.03, subparagraphs (2)(a) through (cc) enumerate the statutory offenses for the section . . . identified as having entered a no contest or guilty plea to the list of offenses set forth in sections 435.03 . . . offenses that was absent at the time plaintiffs/appellants committed any offense described in sections 435.03 . . .