August 03, 2020
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The Florida Statutes

The 2003 Florida Statutes

Title XXXI
LABOR
Chapter 435
EMPLOYMENT SCREENING
View Entire Chapter
Section 435.03, Florida Statutes 2003

1435.03  Level 1 screening standards.--

(1)  All employees required by law to be screened shall be required to undergo background screening as a condition of employment and continued employment. For the purposes of this subsection, level 1 screenings shall include, but not be limited to, employment history checks and statewide criminal correspondence checks through the Florida Department of Law Enforcement, and may include local criminal records checks through local law enforcement agencies.

(2)  Any person for whom employment screening is required by statute must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction:

(a)  Section 415.111, relating to abuse, neglect, or exploitation of a vulnerable adult.

(b)  Section 782.04, relating to murder.

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

(d)  Section 782.071, relating to vehicular homicide.

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

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

(g)  Section 784.021, relating to aggravated assault.

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

(i)  Section 784.045, relating to aggravated battery.

(j)  Section 787.01, relating to kidnapping.

(k)  Section 787.02, relating to false imprisonment.

(l)  Section 794.011, relating to sexual battery.

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

(n)  Chapter 796, relating to prostitution.

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

(p)  Chapter 800, relating to lewdness and indecent exposure.

(q)  Section 806.01, relating to arson.

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

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

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

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

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

(w)  Section 826.04, relating to incest.

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

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

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

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

(bb)  Chapter 847, relating to obscene literature.

(cc)  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.

(3)  Standards must also ensure that the person:

(a)  For employees and employers licensed or registered pursuant to chapter 400, and for employees and employers of developmental services institutions as defined in s. 393.063, intermediate care facilities for the developmentally disabled as defined in s. 393.063, and mental health treatment facilities as defined in s. 394.455, meets the requirements of this chapter.

(b)  Has not committed an act that constitutes domestic violence as defined in s. 741.28.

History.--s. 47, ch. 95-228; s. 15, ch. 96-268; s. 21, ch. 96-322; s. 3, ch. 98-417; s. 87, ch. 2000-153; s. 45, ch. 2000-349; s. 62, ch. 2001-62; s. 50, ch. 2003-1.

1Note.--Section 17, ch. 2003-57, provides that "[n]otwithstanding the provisions of section 64 of chapter 95-228, Laws of Florida, the provisions of chapter 435, Florida Statutes, as created therein and as subsequently amended, and any reference thereto, shall apply to all offenses regardless of the date on which offenses referenced in chapter 435, Florida Statutes, were committed, unless specifically provided otherwise in a provision other than section 64 of chapter 95-228, Laws of Florida."

2Note.--As enacted by s. 21, ch. 96-322. This version is published as the last expression of legislative will (see Journal of the Senate 1996, pp. 519 and 1513). Substantially similar language was enacted as paragraph (u) by s. 15, ch. 96-268, and that version, redesignated as paragraph (v), reads:

(v)  Section 825.103, relating to exploitation of an elderly person or disabled adult.

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