Florida Statute 435.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 435
EMPLOYMENT SCREENING

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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 Citing Statute 435.03

Total Results: 20

The Justice Administrative Commission v. Khurrum Wahid, Esq.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-08T00:00:00-07:00

Snippet: hourly billing to the JAC seeking $100 per hour for 435.3 hours of work ($43,530.00). On May 30, 2023, the

RONALD DUBUC vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-19T00:00:00-07:00

Snippet: reflect the correct statutory citation of section 943.0435(3)(a), Florida Statutes. AFFIRMED; REMANDED

Diego Tambriz-Ramirez v. State of Florida

Court: Fla. | Date Filed: 2018-07-12T00:00:00-07:00

Citation: 248 So. 3d 1087

Snippet: So. 2d 284 (Fla. 2d DCA 1999). Id. at 435. Three days later, on March 9, 2000, in White, the First

Hughbanks v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-29T00:00:00-07:00

Citation: 190 So. 3d 1122, 2016 WL 1718847, 2016 Fla. App. LEXIS 6530

Snippet: his driver’s, license as required by sectiqn 943,0435(3). Hugh-banks alleges that he could not update his

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASE-REPORT NO. 2015-05

Court: Fla. | Date Filed: 2016-04-07T00:00:00-07:00

Citation: 195 So. 3d 1088, 2016 WL 1375712

Snippet: of Highway Safety and Motor Vehicles) § 943.0435(3), Fla. Stat. To prove the crime of Failure… have been identified. Comments § 943.0435(3), Fla. Stat., does not apply if a driver license

Figueroa v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-21T00:00:00-08:00

Citation: 155 So. 3d 1221, 2015 Fla. App. LEXIS 610, 2015 WL 248853

Snippet: requirements of subsection (3) of the statute); § 943.0435(3)(a) (requiring the offender to secure or renew

In Re: Standard Jury Instructions in Criminal Cases – Report No. 2013-06

Court: Fla. | Date Filed: 2014-11-25T23:53:00-08:00

Snippet: Motor Vehicles) § 943.0435(3), Fla. Stat. To prove the crime of Failure

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-06

Court: Fla. | Date Filed: 2014-08-28T00:00:00-07:00

Citation: 148 So. 3d 1204, 2014 WL 4636358

Snippet: of Highway Safety and Motor Vehicles) § 943.0435(3), Fla. Stat. To prove the crime of Failure

Eveland v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-02T00:00:00-07:00

Citation: 161 So. 3d 481, 2014 WL 2958294, 2014 Fla. App. LEXIS 10133

Snippet: identification card with the offender’s new address. § 943.0435(3). Further, the offender must pay the costs assessed… driver’s license or identification card. § 943.0435(3). There is no statutory provision for waivers or…insufficient to establish compliance with section 943.0435(3). When asked why he was unable to obtain his…that the evidence was lacking. Section 943.0435(3) requires that a sex offender report to the DHSMV

In re Standard Jury Instructions in Criminal Cases—Report 2011-04

Court: Fla. | Date Filed: 2012-03-29T00:00:00-07:00

Citation: 85 So. 3d 1090, 37 Fla. L. Weekly Supp. 244, 2012 Fla. LEXIS 624, 2012 WL 1033484

Snippet: Department of Highway Safety and Motor Vehicles) § 943.0435(3), Fla. Stat. To prove the crime of Failure to Comply

Tyler v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-03T00:00:00-07:00

Citation: 69 So. 3d 961, 2011 Fla. App. LEXIS 12148, 2011 WL 3300165

Snippet: identification card bearing the new address. § 943.0435(3). The statute expressly requires the offender to…identification card as required by this section.” § 943.0435(3)(b). At the time of the offense, the Department

Moore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-03T00:53:00-07:00

Citation: 992 So. 2d 862

Snippet: similar offense in another jurisdiction." § 943.0435(3) Fla. Stat. (2006). Where an offense may be committed…Moore was a sexual offender under subsection 943.0435(3), the State would have had *864 to allege that …under Michigan supervision for that offense. § 943.0435(3), Fla. Stat. However, the State did prove that

In Re Standard Jury Inst. in Crim. Cases No. 2007-4

Court: Fla. | Date Filed: 2008-05-22T00:53:00-07:00

Citation: 983 So. 2d 531

Snippet: Department of Highway Safety and Motor Vehicles) § 943.0435(3), Fla. Stat. To prove the crime of Failure to Comply

Minor v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-07-25T00:00:00-07:00

Citation: 963 So. 2d 797, 2007 WL 2119010

Snippet: evidence was improperly admitted, Minor, 662 So.2d 435; (3) there was insufficient evidence to support his

State v. Watson

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-15T00:00:00-07:00

Citation: 903 So. 2d 379, 2005 Fla. App. LEXIS 9196, 2005 WL 1397411

Snippet: Department of Motor Vehicles as required by section 943.0435(3), Florida Statutes (2003). A sexual offender who

State v. Giorgetti

Court: Fla. | Date Filed: 2004-03-03T23:53:00-08:00

Citation: 868 So. 2d 512

Snippet: shall... register in the manner provided in s. 943.0435(3), (4), and (5)...."). [2] See § 943.0435(

Giddens v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-01-01T23:53:00-08:00

Citation: 863 So. 2d 1242

Snippet: identification card as required by section 943.0435(3)(a), Florida Statutes, but failed to check the

Dejesus v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-09T23:53:00-08:00

Citation: 862 So. 2d 847

Snippet: the offender to register according to section 943.0435(3), and that section does not require registration…reference to "release" in section 943.0435(3) is for offenders serving prison time, not for …same "manner" as provided in section 943.0435(3). While the "manner" of registration

Sledge v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-05T00:00:00-08:00

Citation: 861 So. 2d 1189, 2003 Fla. App. LEXIS 18412, 2003 WL 22867662

Snippet: required by law. § 435.01, Fla. Stat. (2002). Section 435.03, entitled, “Level 1 screening standards,” states…cocaine is a disqualifying offense under section 435.03(2)(cc). However, the ALJ concluded that Chapter

Giorgetti v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-17T00:53:00-07:00

Citation: 821 So. 2d 417

Snippet: shall ... register in the manner provided in s. 943.0435(3), (4), and (5)...."). [4] See § 943.0435(