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F.S. 435.04 on Google Scholar

F.S. 435.04 on Casetext

Amendments to 435.04


The 2021 Florida Statutes

Title XXXI
LABOR
Chapter 435
EMPLOYMENT SCREENING
View Entire Chapter
F.S. 435.04 Florida Statutes and Case Law
435.04 Level 2 screening standards.
(1)(a) All employees required by law to be screened pursuant to this section must undergo security background investigations as a condition of employment and continued employment which includes, but need not be limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, and national criminal history records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.
(b) Fingerprints submitted pursuant to this section on or after July 1, 2012, 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) An agency may require by rule that fingerprints submitted pursuant to this section must be submitted electronically to the Department of Law Enforcement on a date earlier than July 1, 2012.
(e) Vendors who submit fingerprints on behalf of employers must:
1. Meet the requirements of s. 943.053; and
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 no persons subject to the provisions of this section have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have 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 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.
(b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.
(c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.
(d) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.
(e) Section 782.04, relating to murder.
(f) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.
(g) Section 782.071, relating to vehicular homicide.
(h) Section 782.09, relating to killing of an unborn child by injury to the mother.
(i) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.
(j) Section 784.011, relating to assault, if the victim of the offense was a minor.
(k) Section 784.03, relating to battery, if the victim of the offense was a minor.
(l) Section 787.01, relating to kidnapping.
(m) Section 787.02, relating to false imprisonment.
(n) Section 787.025, relating to luring or enticing a child.
(o) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.
(p) 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.
(q) Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school.
(r) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property.
(s) Section 794.011, relating to sexual battery.
(t) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority.
(u) Section 794.05, relating to unlawful sexual activity with certain minors.
(v) Chapter 796, relating to prostitution.
(w) Section 798.02, relating to lewd and lascivious behavior.
(x) Chapter 800, relating to lewdness and indecent exposure.
(y) Section 806.01, relating to arson.
(z) Section 810.02, relating to burglary.
(aa) Section 810.14, relating to voyeurism, if the offense is a felony.
(bb) Section 810.145, relating to video voyeurism, if the offense is a felony.
(cc) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.
(dd) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.
(ee) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.
(ff) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.
(gg) Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony.
(hh) Section 826.04, relating to incest.
(ii) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.
(jj) Section 827.04, relating to contributing to the delinquency or dependency of a child.
(kk) Former s. 827.05, relating to negligent treatment of children.
(ll) Section 827.071, relating to sexual performance by a child.
(mm) Section 843.01, relating to resisting arrest with violence.
(nn) Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication.
(oo) Section 843.12, relating to aiding in an escape.
(pp) Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions.
(qq) Chapter 847, relating to obscene literature.
(rr) Section 874.05, relating to encouraging or recruiting another to join a criminal gang.
(ss) 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.
(tt) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.
(uu) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.
(vv) Section 944.40, relating to escape.
(ww) Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner.
(xx) Section 944.47, relating to introduction of contraband into a correctional facility.
(yy) Section 985.701, relating to sexual misconduct in juvenile justice programs.
(zz) 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;
4. Section 838.022, official misconduct;
5. Section 838.22, bid tampering;
6. Section 839.13, falsifying records; or
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.
History.s. 47, ch. 95-228; s. 16, ch. 96-268; s. 22, ch. 96-322; s. 4, ch. 98-417; s. 5, ch. 99-284; s. 88, ch. 2000-153; s. 7, ch. 2001-125; s. 5, ch. 2004-267; s. 4, ch. 2005-119; s. 111, ch. 2006-120; s. 90, ch. 2006-197; s. 110, ch. 2007-5; s. 3, ch. 2007-112; s. 66, ch. 2009-223; s. 6, ch. 2010-31; s. 38, ch. 2010-114; s. 10, ch. 2012-73; s. 4, ch. 2013-80; s. 6, ch. 2014-84; s. 4, ch. 2014-194; s. 3, ch. 2016-162; s. 19, ch. 2017-37; s. 89, ch. 2018-24.

Statutes updated from Official Statutes on: January 26, 2022
F.S. 435.04 on Google Scholar

F.S. 435.04 on Casetext

Amendments to 435.04


Arrestable Offenses / Crimes under Fla. Stat. 435.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 435.04.


Civil Citations / Citable Offenses under S435.04
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 435.04.


Annotations, Discussions, Cases:

  1. Brewer v. Fla. Dep't of Health

    268 So. 3d 871 (Fla. Dist. Ct. App. 2019)
    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. Section 464.018(2) authorizes the Board to "impose any of the penalties in s. 456.072(2) against any ... licensee who is found guilty of violating any provision of subsection (1) of this section." In turn, section 456.072(2)(b), Florida Statutes (2015), empowers the Board to impose a penalty of "suspension or permanent revocation of a license."
    PAGE 873
  2. AGO

    98-02 (Ops. Fla. Atty. Gen. Jan. 21, 1998)
    May an exemption from disqualification for employment with the Department of Children and Families be granted to an individual who was found delinquent based upon the commission of one of the felonies listed in section 435.04(2), Florida Statutes, within three years of the date of disqualification?
  3. Count I of the amended complaint alleged impairment of contract, predicated upon appellants' reasonable expectation that, due to their status as Career Service employees and their collective bargaining agreement, appellants would be dismissed only 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. Count III of the amended complaint alleged a denial of due process of law by the application of the provisions of Chapter 435 to offenses that predated the authority to apply the screening demanded by Chapter 435. Count IV of the amended complaint alleged the Department's application of Chapter 435 to plaintiffs/appellants and to offenses committed prior to October 1, 1995, constituted an unauthorized extension of the authority granted by the statute and an imposition of an administrative penalty not authorized by law. Count V of the amended complaint alleged that Chapter…
    PAGE 490
  4. Escambia Cnty. Sch. Bd. v. Warren

    No. 1D19-2067 (Fla. Dist. Ct. App. Apr. 13, 2022)
    [*] Rule 2.04 (both the 2017 and 2018 versions) potentially disqualifies school board employees for a conviction of a crime enumerated in Section 435.04, Florida Statutes.
    PAGE 9
  5. Fox v. Dep't of Children & Families

    262 So. 3d 782 (Fla. Dist. Ct. App. 2018)
    The legislature has enacted statutes governing childcare facilities with the "intent to protect the health, safety, and well-being of the children of the state and to promote their emotional and intellectual development and care." § 402.301, Fla. Stat. Toward that end, the legislature has expressed that all "child care personnel shall be of good moral character." § 402.301(2), Fla. Stat. Good moral character is based upon a screening. § 402.305(2), Fla. Stat. This screening includes background investigations 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. Stat.
    PAGE 784
  6. U.S. v. Henderson

    CASE NO. 1:07-CR-68 (N.D. Ohio Apr. 13, 2007)
    Third, the Government says the police detained Madden as "arrestable" for a variety of purported violations. Originally, the Government argued that Madden was "arrestable" "for obstruction and for aiding and abetting Henderson in the presentation of a false identification[,] See Cleveland, Ohio Codified Ordinances No. 435.04" and for aiding and assisting Henderson's providing the police with false information about his identity during the roadside stop. See Doc. 103 at 4. In a subsequent filing, the Government belatedly claims Madden was "arrestable" for making a false statement or, alternatively, for obstruction of justice. See Doc. 110.
    PAGE 16
  7. Blackwood v. Agency for Health Care

    869 So. 2d 656 (Fla. Dist. Ct. App. 2004)   Cited 1 times
    As the basis for the denial, AHCA specified: "Pursuant to section 400.414(1)(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 exploitation in Department of Children and Family Services, Final Order Case No. 98-3320C . . . dated August 20, 1999."
    PAGE 657
  8. A.P. v. Dep't of Children & Families

    230 So. 3d 3 (Fla. Dist. Ct. App. 2017)   Cited 2 times
    At the time of the request for exemption, Appellant was a sixty-four-year-old, licensed mental health counselor in Florida who had been practicing since 1991. In 1998, Appellant was in a public park when he approached an undercover police officer and asked, "[w]ould you like to go walk?" The officer acquiesced and followed Appellant into nearby bushes. Appellant subsequently exposed himself to the officer and was arrested. 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. Stat. (2016).
    PAGE 5
  9. AGO

    2008-57 (Ops. Fla. Atty. Gen. Oct. 21, 2008)
    Section 1012.468, Florida Statutes, describes certain exceptions to the fingerprinting and criminal history checks required by sections 1012.465 and 1012.467, Florida Statutes. Noninstructional contractors are outside the scope of these requirements if they are under the direct supervision of a school district employee or a contractor who has had a criminal history check and meets certain specified screening requirements. The term "direct supervision" is defined to mean that "a school district employee or contractor is physically present with a noninstructional contractor when the contractor has access to a student and the access remains in the school district employee's or the contractor's line of sight." 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. Law enforcement officers are excepted from the screening requirements when they have been assigned or dispatched to school grounds by their employer, as is an employee or medical director of an…