Florida Statutes
Fla. Stat. § 435.03 (2025)
Level 1 screening standards.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 2
cases, 1999–2003 · leading case: Florida Pub. Emp. v. Dept. of Child., 745 So. 2d 487 (Fla. 1st DCA 1999).
Florida Pub. Emp. v. Dept. of Child., 745 So. 2d 487 (Fla. 1st DCA 1999). “Section 435.03, Florida Statutes (1997), captioned "Level 1 screening standards," provides in part: (1) All employees required by law to be screened shall be required to undergo background screening as a condition of employment and continued employment.”
Sledge v. Dep't of Child. & Families, 861 So. 2d 1189 (Fla. 5th DCA 2003). “Section 435.03, entitled, “Level 1 screening standards,” states in subsection (2)(cc): *1191 Any person for whom employment screening is required by statute must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any…”
— 435.03(2)(cc) — 1 case
Sledge v. Dep't of Child. & Families, 861 So. 2d 1189 (Fla. 5th DCA 2003). “Section 435.03, entitled, “Level 1 screening standards,” states in subsection (2)(cc): *1191 Any person for whom employment screening is required by statute must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any…”
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