Florida Statute 435.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXI
LABOR

Chapter 435
EMPLOYMENT SCREENING

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F.S. 435.12

435.12 Care Provider Background Screening Clearinghouse.—

¹(1) The Agency for Health Care Administration in consultation with the Department of Law Enforcement shall create a secure web-based system, which shall be known as the “Care Provider Background Screening Clearinghouse” or “clearinghouse.” The clearinghouse must allow the results of criminal history checks provided to the specified agencies and, beginning January 1, 2026, or a later date as determined by the Agency for Health Care Administration, to qualified entities participating in the clearinghouse for screening of persons qualified as care providers under s. 943.0542 to be shared among the specified agencies and qualified entities when a person has applied to volunteer, be employed, be licensed, enter into a contract, or has an affiliation that allows or requires a state and national fingerprint-based criminal history check. Beginning January 1, 2025, or a later date as determined by the Agency for Health Care Administration, the Agency for Health Care Administration shall review and determine eligibility for all criminal history checks submitted to the clearinghouse for the Department of Education. The clearinghouse shall share eligibility determinations with the Department of Education and the qualified entities. The Agency for Health Care Administration and the Department of Law Enforcement may adopt rules to create forms or implement procedures needed to carry out this section.

¹(2)(a) To ensure that the information in the clearinghouse is current, the fingerprints of a person included in the clearinghouse must be:

1. Retained by the Department of Law Enforcement pursuant to s. 943.05(2)(g) and (h) and (3), and the Department of Law Enforcement must report the results of searching those fingerprints against state incoming arrest fingerprint submissions to the Agency for Health Care Administration for inclusion in the clearinghouse.

2. Retained by the Federal Bureau of Investigation in the national retained print arrest notification program as soon as the Department of Law Enforcement begins participation in such program. Arrest prints will be searched against retained prints at the Federal Bureau of Investigation and notification of arrests will be forwarded to the Florida Department of Law Enforcement and reported to the Agency for Health Care Administration for inclusion in the clearinghouse.

3. Resubmitted for a Federal Bureau of Investigation national criminal history check every 5 years until such time as the fingerprints are retained by the Federal Bureau of Investigation.

4. Subject to retention on a 5-year renewal basis with fees collected at the time of initial submission or resubmission of fingerprints.

5. Submitted with a photograph of the person taken at the time the fingerprints are submitted.

(b) Until such time as the fingerprints are enrolled in the national retained print arrest notification program at the Federal Bureau of Investigation:

1. A person with a break in service of more than 90 days from a position that requires screening by a specified agency must submit to a national screening if the person returns to a position that requires screening by a specified agency.

2. Effective January 1, 2026, or a later date as determined by the Agency for Health Care Administration, for the participation of qualified entities in the clearinghouse under s. 435.12, a person with a break in service of more than 90 days from a position for which screening is conducted by a qualified entity participating in the clearinghouse must submit to a national screening if the person returns to a position for which screening is conducted by a qualified entity.

(c) An employer of persons subject to screening or a qualified entity participating in the clearinghouse must register with the clearinghouse and maintain the employment or affiliation status of all persons included in the clearinghouse.

1. Before January 1, 2024, initial status and any changes in status must be reported within 10 business days after a person receives his or her initial status or after a change in the person’s status has been made.

2. Effective January 1, 2024, initial status and any changes in status must be reported within 5 business days after a person receives his or her initial status or after a change in the person’s status has been made.

(d) An employer or a qualified entity participating in the clearinghouse must register with and initiate all criminal history checks through the clearinghouse before referring an employee or potential employee or a person with a current or potential affiliation with a qualified entity for electronic fingerprint submission to the Department of Law Enforcement. The registration must include the person’s full first name, middle initial, and last name; social security number; date of birth; mailing address; sex; and race. Individuals, persons, applicants, and controlling interests that cannot legally obtain a social security number must provide an individual taxpayer identification number.

(3)¹(a) Employees of each district unit under s. 1001.30, special district units under s. 1011.24, the Florida School for the Deaf and the Blind under s. 1002.36, the Florida Virtual School under s. 1002.37, virtual instruction programs under s. 1002.45, charter schools under s. 1002.33, hope operators under s. 1002.333, private schools participating in an educational scholarship program established pursuant to chapter 1002, and alternative schools under s. 1008.341 must be rescreened in compliance with the following schedule:

1. Employees for whom the last screening was conducted on or before June 30, 2021, must be rescreened by June 30, 2025.

2. Employees for whom the last screening was conducted between July 1, 2021, and June 30, 2022, must be rescreened by June 30, 2026.

3. Employees for whom the last screening was conducted between July 1, 2022, and December 31, 2023, must be rescreened by June 30, 2027.

(b) A person is not required to be rescreened before January 1, 2023, solely for the purpose of retention under this section if the person was screened before participation by the specified agencies named in paragraph (a) in the clearinghouse.

History.—s. 12, ch. 2012-73; s. 9, ch. 2014-84; s. 2, ch. 2022-154; s. 4, ch. 2023-220.

¹Note.—Section 12, ch. 2023-220, provides that “[t]he changes made to s. 435.12, Florida Statutes, by this act must be implemented by January 1, 2025, or a later date as determined by the Agency for Health Care Administration.”

F.S. 435.12 on Google Scholar

F.S. 435.12 on Casetext

Amendments to 435.12

Arrestable Offenses / Crimes under Fla. Stat. 435.12

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 435.12.

Annotations, Discussions, Cases:

Cases Citing Statute 435.12

Total Results: 15

Kenyatta A. Heath v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-15T00:00:00-08:00

Snippet: JJ. PER CURIAM. Affirmed. See § 943.0435(12), Fla. Stat. (2023) (“The designation of a person

Florida Wellness & Rehabilitation Center v. Allstate Fire & Casualty Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-13T00:00:00-07:00

Citation: 201 So. 3d 169, 2016 Fla. App. LEXIS 10691

Snippet: numerous occasions in this manner. See § 435.12(3), Fla. Stat (2015) (“Every employee ... shall

Clark v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-22T00:00:00-07:00

Citation: 95 So. 3d 986, 2012 WL 3588174, 2012 Fla. App. LEXIS 13894

Snippet: regarded as a portion of his sentence. See § 943.0435(12). He is handling this matter without the assistance

Ago

Court: Fla. Att'y Gen. | Date Filed: 2011-08-31T00:53:00-07:00

Snippet: respectively. 12 See s. 775.21(3)(a) and s. 943.0435(12), Fla. Stat., respectively. 13 Section 2, Ch. 2011

Bolware v. State

Court: Fla. | Date Filed: 2008-09-18T00:53:00-07:00

Citation: 995 So. 2d 268

Snippet: governmental interests of public safety." Id. § 943.0435(12); see also id. §§ 943.043, 944.606(2). The statute

Lieble v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-06-02T00:53:00-07:00

Citation: 933 So. 2d 119

Snippet: quot;paramount government interest." § 943.0435(12). We agree with the trial court that these provisions…offenders present an ongoing danger to society. § 943.0435(12); Lopez, 2005 WL 3211641, at *3, ___ P.3d at __

Zold v. Zold

Court: Fla. | Date Filed: 2005-09-15T00:53:00-07:00

Citation: 911 So. 2d 1222

Snippet: to the shareholder-spouse as income. See id. at 435.[12] *1231 In McHugh v. McHugh, 702 So.2d 639, 642

State v. Mounce

Court: Fla. Dist. Ct. App. | Date Filed: 2004-02-12T23:53:00-08:00

Citation: 866 So. 2d 132

Snippet: fulfill the purpose of the statute.[6] Section 943.0435(12) sets forth the Legislature's intent behind

State v. Partlow

Court: Fla. | Date Filed: 2003-02-20T00:00:00-08:00

Citation: 840 So. 2d 1040

Snippet: collateral consequence of the plea. See § 943.0435(12), Fla. Stat. (2002) (stating that sexual offender

Zibell v. Chan

Court: Fla. Dist. Ct. App. | Date Filed: 1988-12-29T00:00:00-08:00

Citation: 535 So. 2d 708, 14 Fla. L. Weekly 98, 1988 Fla. App. LEXIS 5760, 1988 WL 138562

Snippet: payable October 31, 1986, including the interest $26,435.12. Note 3. $25,000.00 due and payable October 31,

Florida Bar v. Budnick

Court: Fla. | Date Filed: 1987-04-16T00:00:00-07:00

Citation: 505 So. 2d 435, 12 Fla. L. Weekly 187, 1987 Fla. LEXIS 1770

Snippet: McDonald, Overton, Shaw 16 April 1987 505 So. 2d 435, 12 Fla. L. Weekly 187, 1987 Fla. LEXIS 1770 John

Major v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1987-03-04T00:00:00-08:00

Citation: 506 So. 2d 435, 12 Fla. L. Weekly 711, 1987 Fla. App. LEXIS 7138

Snippet: Danahy, Edward, Lehan, Ret 4 March 1987 506 So. 2d 435, 12 Fla. L. Weekly 711, 1987 Fla. App. LEXIS 7138

Underwriters Ins. Co. v. Kirkland

Court: Fla. Dist. Ct. App. | Date Filed: 1986-06-12T00:53:00-07:00

Citation: 490 So. 2d 149

Snippet: is unnecessary for us to address Case No. BH-435. On 12/15/81 Plaintiff/Kirkland purchased a policy of

Hart v. Stribling

Court: Fla. | Date Filed: 1889-06-14T23:53:00-08:00

Citation: 25 Fla. 435

Snippet: effect ” (Citing 5 How., 207; 3 Ran., 328; 1 Leigh, 435; 12 Wheat., 554; 44 Ind., 67). Now the difference between

Pfeiffer v. Knapp

Court: Fla. | Date Filed: 1879-01-15T00:00:02-07:52:58

Citation: 17 Fla. 144

Snippet: this effect. (5 How., 207; 2 Ran., 328; 1 Leigh, 435; 12 Wheat., 554; 44 Ind., 67.) What we have said disposes