CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1999 WL 1049356
...[1] Paragraph *489 16 of the amended complaint alleges that in the summer of 1997, the Department began implementing the employment screening provisions of Chapter 435, which provisions went into effect October 1, 1995. See Ch. 95-228, § 47, Laws of Fla. 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....
...en found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty 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....
...missed 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 V of the amended complaint alleged that Chapter 435 is a prohibited ex post 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....
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 18412, 2003 WL 22867662
...Section
400.512, Florida Statutes, requires all home health agency personnel to undergo “level 1” background screening pursuant to Chapter 435. Chapter 435 creates an administrative process for handling all background screening for employment required by law. §
435.01, Fla. Stat. (2002). 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...
...The decision of the licensing department regarding an exemption may be contested through the hearing procedures set forth in chapter 120. (Emphasis added). Applicability of Chapter 435 It is undisputed that Sledge’s conviction for importing cocaine is a disqualifying offense under section 435.03(2)(cc)....
