April 25, 2018
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The Florida Statutes

The 2008 Florida Statutes

Title XXXI
LABOR
Chapter 435
EMPLOYMENT SCREENING
View Entire Chapter
Section 435.04, Florida Statutes 2008

435.04  Level 2 screening standards.--

(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. For the purposes of this subsection, security background investigations shall include, but not be limited to, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.

(2)  The security background investigations under this section must ensure that no persons subject to the provisions of this section 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 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.

(c)  Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.

(d)  Section 782.04, relating to murder.

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

(f)  Section 782.071, relating to vehicular homicide.

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

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

(i)  Section 784.021, relating to aggravated assault.

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

(k)  Section 784.045, relating to aggravated battery.

(l)  Section 784.075, relating to battery on a detention or commitment facility staff.

(m)  Section 787.01, relating to kidnapping.

(n)  Section 787.02, relating to false imprisonment.

(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)  Chapter 796, relating to prostitution.

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

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

(x)  Section 806.01, relating to arson.

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

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

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

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

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

(dd)  Section 826.04, relating to incest.

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

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

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

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

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

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

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

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

(mm)  Chapter 847, relating to obscene literature.

(nn)  Section 874.05(1), relating to encouraging or recruiting another to join a criminal gang.

(oo)  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.

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

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

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

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

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

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

(3)  The security background investigations conducted under this section for employees of the Department of Juvenile Justice must ensure that no persons subject to the provisions of this section 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 784.07, relating to assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers.

(b)  Section 810.02, relating to burglary, if the offense is a felony.

(c)  Section 944.40, relating to escape.

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.

(4)  Standards must also ensure that the person:

(a)  For employees or employers licensed or registered pursuant to chapter 400 or chapter 429, does not have a confirmed report of abuse, neglect, or exploitation as defined in 1s. 415.102(6), which has been uncontested or upheld under s. 415.103.

(b)  Has not committed an act that constitutes domestic violence as defined in s. 741.30.

(5)  Under penalty of perjury, all employees in such positions of trust or responsibility shall attest to meeting the requirements for qualifying for employment and agreeing to inform the employer immediately if convicted of any of the disqualifying offenses while employed by the employer. Each employer of employees in such positions of trust or responsibilities which is licensed or registered by a state agency shall submit to the licensing agency annually, under penalty of perjury, an affidavit of compliance with the provisions of this section.

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.

1Note.--Repealed by s. 26, ch. 2000-349.

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