Florida/Georgia Personal Injury & Workers Compensation

...Heburn seeks to become employed as a mental health counselor with Tallahassee Memorial Hospital. Because of his commission of the two offenses of possession of marijuana on school property with intent to sell in 1986 and armed robbery in 1991, he was disqualified from such a "position of trust" pursuant to section 435.04, Florida Statutes (1997)....

"medically needy." See definitions at 42 C.F.R. Section 435.4. Categorically needy persons are those persons

...orida Statutes or under any similar statute of another jurisdiction:... Subparagraphs (2)(a) through (cc) enumerate the proscribed statutory offenses for purposes of the Level 1 screening standards. The "Level 2 screening standards" are set forth in section 435.04, Florida Statutes (1997), which provides in part: (1) All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment....

...lty 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....

...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....

...ost 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....

...background screening. See § 402.305, Fla. Stat. The purpose of the screening is to determine whether the individual has been arrested for or convicted of certain enumerated disqualifying offenses, including felony drug offenses and child abuse. See § 435.04(2)(hh), (rr), Fla....

...He pled no contest to the misdemeanor of exposure of sexual organs, which is a disqualifying offense from being able to work with children and vulnerable adults under Florida’s Level 2 employment screening standards. § 800.03, Fla. Stat. (2016); § 435.04(2)(x), Fla....

...Florida Statutes (2015) (“Title XXXII Regulation of Professions and Occupations”: “Nursing” – “Disciplinary actions”), by having (1) entered a plea of nolo contendere to a charge of burglary of an unoccupied dwelling, an offense listed in section 435.04(2)(z), Florida Statutes (“Level 2 screening standards”), and (2) by failing to report the fact of her plea to the Board of Nursing in violation of section 456.072(1)(x), Florida Statutes (“Grounds for discipline; penalties; enforcement”)....

...No further elaboration on the circumstances of the burglary of the unoccupied dwelling are contained in the report or anywhere else in the record. II The entry of a plea of nolo contendere to “any offense prohibited under s. 435.04” constitutes grounds for disciplinary action by the Board of Nursing under section 464.018(1)(e). Section 435.04(2)(z) lists burglary in section 810.02, Florida Statutes, as a qualifying offense....

...ng those family members of the operator over the age of 12 years, must be screened for "good moral character." Because K.J.S.'s wife applied to operate a family day-care facility in their home, K.J.S., like personnel, was subject to screening. Under section 435.04(2)(d) & (y), Florida Statutes (2005), the background security investigations conducted under this section "must ensure that no persons subject to the provisions of this section have been found guilty of" felonies related to "murder" and to "robbery," respectively....

...In Heburn, appellant sought employment as a mental-health counselor after being previously convicted of possession of marijuana on school property with intent to sell and armed robbery. Id. at 562. However, because of his convictions, Heburn was disqualified pursuant to section 435.04, Florida Statutes (1997)....

...those family members of the operator over the age of 12 years, must be screened for "good moral character.” Because KJ.S.’s wife applied to operate a family day-care facility in their home, K.J.S., like personnel, was subject to screening. Under section 435.04(2)(d) & (y), Florida Statutes (2005), the background security investigations conducted under this section "must ensure that no persons subject to *1108 the provisions of this section have been found guilty of” felonies related to "murder” and to "robbery,” respectively....

...” § 402.301(2), Fla. Stat. Good moral character is based upon a screening. § 402.305(2), Fla. Stat. This screening includes background investigations 3 as a condition of employment and continued employment. § 435.04, Fla. Stat....

...The legislature has identified offenses that disqualify a person from working as a childcare personnel unless that person is granted an exemption by the Department. § 435.07(4), Fla. Stat. Among the disqualifying offenses is pleading to any charge relating to prostitution. § 435.04(2)(v), Fla....

...a student and the access remains in the school district employee's or the contractor's line of sight." 9 Also excepted from the statute's requirements are noninstructional contractors who are required to undergo a level 2 background screening under section 435.04 for licensure, certification, employment, or other purposes and who submit the evidence required by the statute....

...instructional school district employees who are permitted access on school grounds when students are present, who have direct contact with students, or who have access to or control of school funds meet level 2 screening requirements as described in section 435.04 , Florida Statutes? 2) If so, does section 1012.465 , Florida Statutes, or other authority allow for exemptions, exceptions, or waivers of the requirement that such employees meet level 2 screening requirements? 3) If so, do local scho...

...ckground screening as required under s. 1012.465 or s. 1012.56 , [Florida Statutes,] whichever is applicable." 2 While sections 1012.465 and 1012.32 , Florida Statutes, refer to level 2 screening requirements, neither statute specifically references section 435.04 , Florida Statutes. Section 435.04 , however, sets forth the level 2 screening standards. An examination of the legislative history regarding the enactment and subsequent amendment of section 1012.465 indicates that the reference in the statute to level 2 screening requirements means those standards set forth in section 435.04 ....

...uctional school district employees who are permitted access on school grounds when students are present, who have direct contact with students, or who have access to or control of school funds must meet level 2 screening requirements as described in section 435.04 , Florida Statutes. Question Three As discussed in the previous question, section 435.04 , Florida Statutes, sets forth the level 2 screening standards....

...1012.465 , F.S., to provide for background screening requirements for certain noninstructional school district employees or contractors who have direct contact with students or who have access to or control of school funds. These individuals must meet the level 2 screening requirements in s. 435.04 , F.S., for initial employment....

...1, dated March 25, 2007, recognizing that the Legislature in the past several years has increasingly required individuals who come into contact with students to submit to Level 2 background checks and noting that "Level 2 background screening standards (disqualifying offenses) are enumerated in s. 435.04 , F.S." 4 See, e.g., Mallory v....

...943.043 and the National Sex Offender Public Registry maintained by the United States Department of Justice. 7 Cf. s. 1012.321 , Fla. Stat., providing that instructional personnel who are required to undergo level 2 background screening under s. 393.0655 or s. 402.305 and who meet the level 2 screening standards in s. 435.04 are not required to be rescreened in order to satisfy the screening requirements in s....

...Angela Harris appeals the denial of unemployment compensation benefits. We find that the record lacks competent substantial evidence to support the referee’s finding that Harris committed an offense that would disqualify her from employment under section 435.04, Florida Statutes (2001)....

...Catherine T.L.C., Inc.’s assisted living facility (ALF) license renewal application is DENIED.” As the basis for the denial, AHCA specified: “Pursuant to section 400.414(l)(f), Florida Statutes ... you do not meet the level 2 background screening requirements under section 435.04(4)(a), F.S., as evidenced by your being listed as a confirmed perpetrator of abuse, neglect or exploita *657 tion in Department of Children and Family Services, Final Order Case No....

commission of one of the felonies listed in section 435.04(2), Florida Statutes, within three years of

...rity” in violation of section 794.041, which was repealed in 1993. Thus, DCFS pondered, “How, then, could 794.041 ever be a disqualifying offense if it only applied to offenses committed on or after October 1, 1995?” Similarly, DCFS noted that section 435.04(3)(c), as amended in 2001, states in pertinent part: The Department of Juvenile Justice may not remove a disqualification from employment or grant an exemption to any person who is disqualified under this section for any offense disposed of during the most recent 7-year period....

...He has also run programs for elderly adults, such as pickleball. In 1998, J.J. pleaded guilty to grand theft, an offense that indisputably disqualifies him from any position in any program providing care to children, the disabled, or vulnerable adults. See § 435.04(2)(cc), Fla. Stat. (2023); see also § 435.04(2)(r), Fla....

...was placed on probation for a period of ten years and ordered to pay restitution. In 2005, J.J. was arrested for two counts of sexual battery upon a person twelve or older but less than eighteen by a person in familial/custodial authority—another disqualifying offense. See § 435.04(2)(s), Fla. Stat. (2023); see also § 435.04(2)(s), Fla....

judgment or decree. 3 Am.Jur., Appeal and Error, Section 435; 4 C.J.S., Appeal and Error, §§106 and 441. This