Chapter 435 — Chapter 435
12 sections in this chapter.
Fla. Stat. § 435.01 Applicability of this chapter; statutory references; rulemaking
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(1)(a) Unless otherwise provided by law, whenever a background screening for employment or a background security check is required by law to be conducted pursuant to this chapter, the provisions of this chapter apply.(b) Unless expressly provided otherwise, a reference in any sec…
Fla. Stat. § 435.02 Definitions
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For the purposes of this chapter, the term:(1) “Affiliation” means the status of a person employed or serving as a volunteer or contractor, or seeking to be employed or to serve as a volunteer or contractor, with a qualified entity in a position for which screening is not require…
Fla. Stat. § 435.03 Level 1 screening standards
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(1) All employees required by law to be screened pursuant to this section must undergo background screening as a condition of employment and continued employment which includes, but need not be limited to, employment history checks and statewide criminal correspondence checks thr…
Fla. Stat. § 435.04 Level 2 screening standards
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(1)(a) All employees required by law to be screened under this section and persons with an affiliation with a qualified entity for whom the qualified entity chooses to conduct screening under s. 943.0542 must undergo security background investigations as a condition of employment…
Fla. Stat. § 435.05 Requirements for covered employees and employers
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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) F…
Fla. Stat. § 435.06 Exclusion from employment
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(1) If an employer or agency has reasonable cause to believe that grounds exist for the denial or termination of employment of any employee as a result of background screening, it shall notify the employee in writing, stating the specific record that indicates noncompliance with …
Fla. Stat. § 435.07 Exemptions from disqualification
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Unless otherwise provided by law, the provisions of this section apply to exemptions from disqualification for disqualifying offenses revealed pursuant to background screenings required under this chapter, regardless of whether those disqualifying offenses are listed in this chap…
Fla. Stat. § 435.08 Payment for processing of fingerprints and state criminal records checks
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The employer or the employee is responsible for paying the costs of screening. Payment shall be submitted to the Department of Law Enforcement with the request for screening. The appropriate agency is responsible for collecting and paying any fee related to fingerprints retained …
Fla. Stat. § 435.09 Confidentiality of personnel background check information
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No criminal or juvenile information obtained under this section may be used for any purpose other than determining whether persons meet the minimum standards for employment or for an owner or director of a covered service provider. The criminal records and juvenile records obtain…
Fla. Stat. § 435.10 Sharing of personnel information among employers
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Every employer of employees covered by this chapter shall furnish copies of personnel records for employees or former employees to any other employer requesting this information pursuant to this section. Information contained in the records may include, but is not limited to, dis…
Fla. Stat. § 435.11 Penalties
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(1) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:(a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for …
Fla. Stat. § 435.12 Care Provider Background Screening Clearinghouse
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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 result…