Florida Statute 435.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 435
EMPLOYMENT SCREENING

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F.S. 435.05

435.05 Requirements for covered employees and employers.—Except as otherwise provided by law, the following requirements apply to covered employees and employers:

(1)(a) Every person required by law to be screened pursuant to this chapter must submit a complete set of information necessary to conduct a screening under this chapter.

(b) For level 1 screening, the employer must submit the information necessary for screening to the Department of Law Enforcement within 5 working days after receiving it. The Department of Law Enforcement shall conduct a search of its records and respond to the employer or agency. The employer must inform the employee whether screening has revealed any disqualifying information.

(c) For level 2 screening, the employer or agency must submit the information necessary for screening to the Department of Law Enforcement within 5 working days after receiving it. The Department of Law Enforcement shall perform a criminal history record check of its records and request that the Federal Bureau of Investigation perform a national criminal history record check of its records for each employee for whom the request is made. The Department of Law Enforcement shall respond to the employer or agency, and the employer or agency must inform the employee whether screening has revealed disqualifying information.

(d) The person whose background is being checked must supply any missing criminal or other necessary information upon request to the requesting employer or agency within 30 days after receiving the request for the information.

(2) Every employee must attest, subject to penalty of perjury, to meeting the requirements for qualifying for employment pursuant to this chapter and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer.

(3) Each employer licensed or registered with an agency must conduct level 2 background screening and must submit to the agency annually or at the time of license renewal, under penalty of perjury, a signed attestation attesting to compliance with the provisions of this chapter.

History.—s. 47, ch. 95-228; s. 208, ch. 99-8; s. 46, ch. 2000-349; s. 63, ch. 2001-62; s. 21, ch. 2004-267; s. 67, ch. 2009-223; s. 39, ch. 2010-114; s. 7, ch. 2014-84.

F.S. 435.05 on Google Scholar

F.S. 435.05 on Casetext

Amendments to 435.05

Arrestable Offenses / Crimes under Fla. Stat. 435.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 435.05.

Annotations, Discussions, Cases:

Cases Citing Statute 435.05

Total Results: 15

K.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-03

Citation: 152 So. 3d 117, 2014 Fla. App. LEXIS 19629, 2014 WL 6789898

Snippet: the child were committed for the offense.” § 985.435(5), Fla. Stat. (2012); see also A.W. v. State, 787

K.A. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-12-03

Snippet: child were committed for the offense." § 985.435(5), Fla. Stat. (2012); see also A.W. v. State, 787

S.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-08-09

Citation: 135 So. 3d 1092, 2013 WL 4033993, 2013 Fla. App. LEXIS 12463

Snippet: misdemeanor. See §§ 775.082(4)(a), 843.02, 985.435(5), Fla. Stat. (2012); R.F. v. State, 42 So.3d 333

D.F. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-04-13

Citation: 87 So. 3d 49, 2012 Fla. App. LEXIS 5650, 2012 WL 1232006

Snippet: impose on an adult for the same offense. See § 985.435(5), .455(3), Fla. Stat. (2009). Where, as here, the

R.F. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-08-18

Citation: 42 So. 3d 333, 2010 Fla. App. LEXIS 12166

Snippet: adult could serve for the same crime. See §§ 985.435(5), .455(3), Fla. Stat. (2007).1 However, this limitation

RF v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-08-18

Citation: 42 So. 3d 333, 2010 WL 3239000

Snippet: adult could serve for the same crime. See §§ 985.435(5), .455(3), Fla. Stat. (2007).[1] However, this limitation

770 PPR, LLC v. TJCV Land Trust

Court: District Court of Appeal of Florida | Date Filed: 2010-03-10

Citation: 30 So. 3d 613, 2010 Fla. App. LEXIS 2945, 2010 WL 785864

Snippet: First Nat'l Bank of Tonasket v. Slagle, 165 Wash. 435, 5 P.2d 1013 (1931) (holding that state statute prohibiting

L.D.K. v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-02-10

Citation: 32 So. 3d 64, 2009 Fla. App. LEXIS 1059

Snippet: the child were committed for the offense.” § 985.435(5), Fla. Stat. (2007). A juvenile’s period of commitment

LDK v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-02-10

Citation: 32 So. 3d 64, 2009 WL 331662

Snippet: the child were committed for the offense." § 985.435(5), Fla. Stat. (2007). A juvenile's period of commitment

Millan v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-04-13

Citation: 954 So. 2d 683, 2007 Fla. App. LEXIS 5425, 2007 WL 1093524

Snippet: Appellant’s motion for judgment of acquittal. § 943.0435(5), Fla. Stat. (2004). REVERSED. TORPY, LAWSON and

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-04-08

Citation: 842 So. 2d 228, 2003 WL 1798108

Snippet: register as required by section 775.21. See § 943.0435(5), Fla. Stat. (2001). [2] See § 918.10(1), Fla

Jackson v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-12-21

Citation: 807 So. 2d 684, 2001 WL 1635539

Snippet: section 775.21, Florida Statutes (2000). § 943.0435(5). Sections 775.21(6)(e)-(f) and 943.0435(3), (4)

Ago

Court: Florida Attorney General Reports | Date Filed: 2000-11-17

Snippet: to the level 2 screening requirements of chapter 435."5 Thus, the statute sets forth the child care arrangements

Ft. Pierce, Etc. v. Florida Public Service Com'n

Court: Supreme Court of Florida | Date Filed: 1980-09-25

Citation: 388 So. 2d 1031

Snippet: Transcontinental Gas Pipe Line Corp., 365 U.S. 1, 81 S.Ct. 435, 5 L.Ed.2d 377 (1961), the Court sustained the Federal

Johnston v. Hayes

Court: District Court of Appeal of Florida | Date Filed: 1977-12-13

Citation: 352 So. 2d 951, 60 Oil & Gas Rep. 7, 1977 Fla. App. LEXIS 17133

Snippet: East Four hundred thirty-five and five tenths (435.5) feet; thence North thirty-four degrees and forty