The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 435
EMPLOYMENT SCREENING

View Entire Chapter

F.S. 435.04

435.04 Level 2 screening standards.—

(1)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.

¹(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.

¹(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.

¹(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.

(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; s. 2, ch. 2023-220.

¹Note.—Section 2, ch. 2023-220, deleted paragraph (1)(d), and amended paragraphs (1)(a) and (b) and subsection (2), effective July 1, 2024, to read:

(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.

* * * * *

(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 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.

(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 784.021, relating to aggravated assault.

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

(m) Section 784.045, relating to aggravated battery.

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

(o) Section 787.01, relating to kidnapping.

(p) Section 787.02, relating to false imprisonment.

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

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

(s) 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.

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

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

(v) Section 794.011, relating to sexual battery.

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

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

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

(z) Chapter 796, relating to prostitution.

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

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

(cc) Section 806.01, relating to arson.

(dd) Section 810.02, relating to burglary.

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

(ff) Section 810.145, relating to video voyeurism, if the offense is a felony.

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

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

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

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

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

(ll) Section 826.04, relating to incest.

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

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

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

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

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

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

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

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

(uu) Chapter 847, relating to obscene literature.

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

(ww) 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.

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

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

(zz) Section 944.40, relating to escape.

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

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

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

(ddd) Section 985.711, relating to contraband introduced into detention facilities.

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 from cite.case.law:

T. BREWER, LPN, v. FLORIDA DEPARTMENT OF HEALTH, BOARD OF NURSING,, 268 So. 3d 871 (Fla. App. Ct. 2019)

. . . of nolo contendere to a charge of burglary of an unoccupied dwelling, an offense listed in section 435.04 . . . II The entry of a plea of nolo contendere to "any offense prohibited under s. 435.04" constitutes grounds . . . Section 435.04(2)(z) lists burglary in section 810.02, Florida Statutes, as a qualifying offense. . . .

FOX, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 262 So. 3d 782 (Fla. App. Ct. 2018)

. . . . § 435.04, Fla. Stat. . . . Among the disqualifying offenses is pleading to any charge relating to prostitution. § 435.04(2)(v), . . .

A. P. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 230 So. 3d 3 (Fla. Dist. Ct. App. 2017)

. . . Stat. (2016); § 435.04(2)(x), Fla. Stat. (2016). . . .

J. D. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,, 114 So. 3d 1127 (Fla. Dist. Ct. App. 2013)

. . . See § 435.04(2)(hh), (rr), Fla. Stat. . . .

STIMPSON, v. UNITED PARCEL SERVICE,, 351 F. App'x 42 (6th Cir. 2009)

. . . order, Stimpson notes the specification’s calculation that UPS should credit him with an additional 435.04 . . .

B. J. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 983 So. 2d 11 (Fla. Dist. Ct. App. 2008)

. . . However, because of his convictions, Heburn was disqualified pursuant to section 435.04, Florida Statutes . . .

K. J. S. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 974 So. 2d 1106 (Fla. Dist. Ct. App. 2007)

. . . Under section 435.04(2)(d) & (y), Florida Statutes (2005), the background security investigations conducted . . .

BLACKWOOD, v. AGENCY FOR HEALTH CARE ADMINISTRATION, STATE OF FLORIDA,, 869 So. 2d 656 (Fla. Dist. Ct. App. 2004)

. . . ), Florida Statutes ... you do not meet the level 2 background screening requirements under section 435.04 . . .

UNITED STATES v. DEDE, MOORE,, 83 F. App'x 732 (6th Cir. 2003)

. . . Cleveland, Ohio Codified Ordinances No. 435.04 (“No person shall: (a) Display, or cause to be displayed . . .

R. SLEDGE, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 861 So. 2d 1189 (Fla. Dist. Ct. App. 2003)

. . . Similarly, DCFS noted that section 435.04(3)(c), as amended in 2001, states in pertinent part: The Department . . .

HARRIS, v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION,, 838 So. 2d 668 (Fla. Dist. Ct. App. 2003)

. . . ’s finding that Harris committed an offense that would disqualify her from employment under section 435.04 . . .

HEBURN, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 772 So. 2d 561 (Fla. Dist. Ct. App. 2000)

. . . and armed robbery in 1991, he was disqualified from such a “position of trust” pursuant to section 435.04 . . .

FLORIDA PUBLIC EMPLOYEES COUNCIL AFSCME v. DEPARTMENT OF CHILDREN AND FAMILIES, 745 So. 2d 487 (Fla. Dist. Ct. App. 1999)

. . . The “Level 2 screening standards” are set forth in section 435.04, Florida Statutes (1997), which provides . . . section 435.03, subparagraphs (2)(a) through (cc) enumerate the statutory offenses for the section 435.04 . . . having entered a no contest or guilty plea to the list of offenses set forth in sections 435.03 and 435.04 . . . was absent at the time plaintiffs/appellants committed any offense described in sections 435.03 or 435.04 . . .

PHILLIPS, v. DEPARTMENT OF JUVENILE JUSTICE,, 736 So. 2d 118 (Fla. Dist. Ct. App. 1999)

. . . . §§ 39.001(2), 435.04, Fla. Stat. (1997). . . .

M. ROSS, Jr. v. EMPLOYERS LIABILITY ASSURANCE CORPORATION,, 290 F. Supp. 569 (N.D. Miss. 1968)

. . . This results in an initial deduction of $12,-435.04, which is not really in dispute. . . .

BOWLES, v. HALL SAME v. HOLLIDAY, 62 F. Supp. 486 (E.D. Ky. 1945)

. . . the course of her business. , At the trial it was stipulated by the parties that the price paid was $435.04 . . .