Florida Statute 435.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 435
EMPLOYMENT SCREENING

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F.S. 435.04

435.04 Level 2 screening standards.—

(1)(a) All employees required by law to be screened under this section and persons with an affiliation with a qualified entity for whom the qualified entity chooses to conduct screening under s. 943.0542 must undergo security background investigations as a condition of employment and continued employment which includes, but is not limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, national criminal history records checks through the Federal Bureau of Investigation, and local criminal records checks through local law enforcement agencies. A security background investigation under this section also includes a search of the sexual predator and sexual offender registries of any state in which the current or prospective employee resided during the immediate preceding 5 years.

(b) Fingerprints submitted pursuant to this section 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) 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 persons subject to this section have not been arrested for and are awaiting final disposition of; have not been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to; or have not 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 39.205, relating to the failure to report child abuse, abandonment, or neglect.

(b) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.

(c) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.

(d) Section 414.39, relating to fraud, if the offense was a felony.

(e) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.

(f) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.

(g) Section 782.04, relating to murder.

(h) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.

(i) Section 782.071, relating to vehicular homicide.

(j) Section 782.09, relating to killing of an unborn child by injury to the mother.

(k) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.

(l) Section 784.011, relating to assault, if the victim of the offense was a minor.

(m) Section 784.021, relating to aggravated assault.

(n) Section 784.03, relating to battery, if the victim of the offense was a minor.

(o) Section 784.045, relating to aggravated battery.

(p) Section 784.075, relating to battery on staff of a detention or commitment facility or on a juvenile probation officer.

(q) Section 787.01, relating to kidnapping.

(r) Section 787.02, relating to false imprisonment.

(s) Section 787.025, relating to luring or enticing a child.

(t) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.

(u) 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.

(v) Section 787.06, relating to human trafficking.

(w) Section 787.07, relating to human smuggling.

(x) Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school.

(y) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property.

(z) Section 794.011, relating to sexual battery.

(aa) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority.

(bb) Section 794.05, relating to unlawful sexual activity with certain minors.

(cc) Section 794.08, relating to female genital mutilation.

(dd) Chapter 796, relating to prostitution.

(ee) Section 798.02, relating to lewd and lascivious behavior.

(ff) Chapter 800, relating to lewdness and indecent exposure and offenses against students by authority figures.

(gg) Section 806.01, relating to arson.

(hh) Section 810.02, relating to burglary.

(ii) Section 810.14, relating to voyeurism, if the offense is a felony.

(jj) Section 810.145, relating to digital voyeurism, if the offense is a felony.

(kk) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.

(ll) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.

(mm) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.

(nn) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.

(oo) Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony.

(pp) Section 826.04, relating to incest.

(qq) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.

(rr) Section 827.04, relating to contributing to the delinquency or dependency of a child.

(ss) Former s. 827.05, relating to negligent treatment of children.

(tt) Section 827.071, relating to sexual performance by a child.

(uu) Section 831.311, relating to the unlawful sale, manufacture, alteration, delivery, uttering, or possession of counterfeit-resistant prescription blanks for controlled substances.

(vv) Section 836.10, relating to written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.

(ww) Section 843.01, relating to resisting arrest with violence.

(xx) Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication.

(yy) Section 843.12, relating to aiding in an escape.

(zz) Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions.

(aaa) Chapter 847, relating to obscene literature.

(bbb) Section 859.01, relating to poisoning food or water.

(ccc) Section 873.01, relating to the prohibition on the purchase or sale of human organs and tissue.

(ddd) Section 874.05, relating to encouraging or recruiting another to join a criminal gang.

(eee) 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.

(fff) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.

(ggg) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.

(hhh) Section 944.40, relating to escape.

(iii) Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner.

(jjj) Section 944.47, relating to introduction of contraband into a correctional facility.

(kkk) Section 985.701, relating to sexual misconduct in juvenile justice programs.

(lll) 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; s. 2, ch. 2023-220; s. 4, ch. 2024-132; s. 3, ch. 2024-243.

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.

Annotations, Discussions, Cases:

Cases Citing Statute 435.04

Total Results: 20

Dennis v. State of Florida

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

Snippet: convictions on counts 1 and 2 under sections 943.0435(4)(b)1 and (4)(a), Fla. Stat. (2022) and that the… with violating section 943.0435(4)(b)1, which states: A sexual offender who …Count 2 charged Dennis with violating section 943.0435(4)(a), which requires a sexual offender to report…Safety and Motor Vehicles within 48 hours. § 943.0435(4)(a), Fla. Stat. (2022). Under both subsections

Juan Ramon Nava v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-21T00:00:00-08:00

Snippet: requirements: 943.0435(4)(a) 943.0435(4)(b)1. “within 48 hours after… 3 § 943.0435(4)(a) § 943.0435(4)(b)(1) This case Defendant is …section 943.0435(4), the jury was instructed on the elements of a violation of section 943.0435(4), and Nava…unlawfully as a “sexual offender” per Section 943.0435(4) (fail to report a change in the information…required to be provided pursuant to Section 943.0435(4)(b)(l), to wit: Failed to Update Address, within

STATE OF FLORIDA v. ANDREW SCOTT CROSE

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-26T00:00:00-08:00

Snippet: instant message name, a violation of sections 943.0435(4)(e) and (9), Florida Statutes (2019). The issue…address or instant message name under sections 943.0435(4)(e) and (9), a third-degree felony.1 Mr. Crose …unpack what his argument entailed. Under section 943.0435(4)(e), a designated "sex offender" is required… offenses such as Mr. Crose's, section 943.0435(4)(e) is the only one the State pursued in the case…registration under section 943.0435. 4 Id. at 92. Mr. Crose'

J. J. v. DEPT. OF CHILDREN & FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-27T00:00:00-08:00

Snippet: vulnerable adults. See § 435.04(2)(cc), Fla. Stat. (2023); see also § 435.04(2)(r), Fla. Stat. (1997).…disqualifying offense. See § 435.04(2)(s), Fla. Stat. (2023); see also § 435.04(2)(s), Fla. Stat. (2004).

James Seadler v. Marina Bay Resort Condominium Association, Inc.

Court: Fla. | Date Filed: 2023-12-21T00:00:00-08:00

Snippet: Seadler presented evidence that he had incurred $154,435.04 in past medical expenses. Ultimately, the jury

VICTOR LAWRENCE PERDUE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-04T23:53:00-08:00

Snippet: transient residence, in violation of section 943.0435(4)(b)2., Florida Statutes (2018). Perdue raises numerous

PAUL DEMUS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-10T00:53:00-07:00

Snippet: or transient residence, contrary to FS 943.0435(4) and 943.0435(9). The parties stipulated… Count II alleged a violation of section 943.0435(4), Florida Statutes (2014) which provides: …forty-eight hours of the change. Under section 943.0435(4)(a) a change in residence may be established by

C.C., A CHILD v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-19T00:53:00-07:00

Snippet: behaviors were taken into consideration. “Per F.S 985.435(4) The Department respectfully recommends the

Donna Leah T. Brewer, LPN v. Florida Department of Health, Board of Nursing

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-28T00:53:00-07:00

Snippet: unoccupied dwelling, an offense listed in section 435.04(2)(z), Florida Statutes (“Level 2 screening standards… contendere to “any offense prohibited under s. 435.04” constitutes grounds for disciplinary action by…of Nursing under section 464.018(1)(e). Section 435.04(2)(z) lists burglary in section 810.02, Florida

State v. Phillips

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-22T00:00:00-07:00

Citation: 266 So. 3d 873

Snippet: allegedly failed to report in violation of section 943.0435(4)(e), Florida Statutes (2017). As a result, the

State v. Phillips

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-22T00:00:00-07:00

Citation: 266 So. 3d 873

Snippet: allegedly failed to report in violation of section 943.0435(4)(e), Florida Statutes (2017). As a result, the

JOSEPH FOX v. DEPARTMENT OF CHILDREN AND FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-18T23:53:00-08:00

Snippet: condition of employment and continued employment. § 435.04, Fla. Stat. The legislature has identified offenses…pleading to any charge relating to prostitution. § 435.04(2)(v), Fla. Stat. The head of an “agency may

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-12.

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

Citation: 249 So. 3d 554

Snippet: § 943.0435(2)(b)2., Fla. Stat. or § 943.0435(4)(e)2., Fla. Stat. To prove the crime

A.P. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-01T00:00:00-07:00

Citation: 230 So. 3d 3

Snippet: screening standards. § 800.03, Fla. Stat. (2016); § 435.04(2)(x), Fla. Stat. (2016). Recently, background

David Lee Brown v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-01T00:00:00-07:00

Citation: 221 So. 3d 731

Snippet: numbers, including added and deleted numbers.” § 943.0435(4)(e)(2), Fla. Stat. (emphasis added). Here,…that all phone numbers must be registered. § 943,0435(4)(e), Fla. Stat. Evidence that an offender had control

Peterson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-08-18T00:00:00-07:00

Citation: 198 So. 3d 1064, 2016 Fla. App. LEXIS 12556

Snippet: Peterson was convicted of violating section 943.0435(4), Florida Statutes, which requires sex offenders…information alleged, was “contrary to Section 943.0435(4),” which provided: (4)(a) [Wjithin 48 hours after…the county in which he or she is, located_ § 943.0435(4), Fla. Stat. (2013).2 Peterson was a sex offender…evidence of the latter.) Therefore, section 943.0435(4)(a) obligated him -to report the change to a driver…must *1066report to • the sheriffs ■ office. § 943,0435(4)(b), Fla. Stat. (2013) (emphasis added). This required

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

Snippet: for Transient Residences) § 943.0435(4)(b)2. and § 943.0435(4)(d), Fla. Stat. Give this if …Address within the State or Jurisdiction) § 943.0435(4), Fla. Stat. To prove the crime of Failure… have been identified. Comments § 943.0435(4)(a), Fla. Stat., requires sexual offenders to report

Figueroa v. State

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

Citation: 155 So. 3d 1221

Snippet: register as a sexual offender pursuant to section 943.0435(4)(a), Florida Statutes (2010), and a jury convicted…Figueroa was charged with violating section 943.0435(4)(a), which states in pertinent part: (4)(a…Florida that would have triggered the section 943.0435(4)(a) requirement that a sexual offender “report … license or identity card. See § 943.0435(4)(a) (subjecting the offender to requirements of…identification card). We recognize that section 943.0435(4)(a) does not specifically state that it pertains

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

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

Snippet: Jurisdiction) § 943.0435(4), 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

Snippet: Address within the State or Jurisdiction) § 943.0435(4), Fla. Stat. To prove the crime of Failure-to-Register