The Florida Senate

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.

Unless expressly provided otherwise, a reference in any section of the Florida Statutes to chapter 435 or to any section or sections or portion of a section of chapter 435 includes all subsequent amendments to chapter 435 or to the referenced section or sections or portions of a section. The purpose of this chapter is to facilitate uniform background screening and, to this end, a reference to this chapter, or to any section or subdivision within this chapter, constitutes a general reference under the doctrine of incorporation by reference.

All employees required by law to be screened pursuant to this section must undergo security background investigations as a condition of employment and continued employment which includes, but need not be limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, and national criminal history records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.

Fingerprints submitted pursuant to this section on or after July 1, 2012, must be submitted electronically to the Department of Law Enforcement.

An agency may contract with one or more vendors to perform all or part of the electronic fingerprinting pursuant to this section. Such contracts must ensure that the owners and personnel of the vendor performing the electronic fingerprinting are qualified and will ensure the integrity and security of all personal information.

An agency may require by rule that fingerprints submitted pursuant to this section must be submitted electronically to the Department of Law Enforcement on a date earlier than July 1, 2012.

Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.

Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.

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

Section 782.04, relating to murder.

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

Section 782.071, relating to vehicular homicide.

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

Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.

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

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

Section 787.01, relating to kidnapping.

Section 787.02, relating to false imprisonment.

Section 787.025, relating to luring or enticing a child.

Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.

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.

Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school.

Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property.

Section 794.011, relating to sexual battery.

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

Section 794.05, relating to unlawful sexual activity with certain minors.

Chapter 796, relating to prostitution.

Section 798.02, relating to lewd and lascivious behavior.

Chapter 800, relating to lewdness and indecent exposure.

Section 806.01, relating to arson.

Section 810.02, relating to burglary.

Section 810.14, relating to voyeurism, if the offense is a felony.

Section 810.145, relating to video voyeurism, if the offense is a felony.

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

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

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

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

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

Section 826.04, relating to incest.

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

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

Former s. 827.05, relating to negligent treatment of children.

Section 827.071, relating to sexual performance by a child.

Section 843.01, relating to resisting arrest with violence.

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

Section 843.12, relating to aiding in an escape.

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

Chapter 847, relating to obscene literature.

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

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.

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

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

Section 944.40, relating to escape.

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

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

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

Section 985.711, relating to contraband introduced into detention facilities.

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.

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.

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.

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.

An employer may not hire, select, or otherwise allow an employee to have contact with any vulnerable person that would place the employee in a role that requires background screening until the screening process is completed and demonstrates the absence of any grounds for the denial or termination of employment. If the screening process shows any grounds for the denial or termination of employment, the employer may not hire, select, or otherwise allow the employee to have contact with any vulnerable person that would place the employee in a role that requires background screening unless the employee is granted an exemption for the disqualification by the agency as provided under s. 435.07.

If an employer becomes aware that an employee has been arrested for a disqualifying offense, the employer must remove the employee from contact with any vulnerable person that places the employee in a role that requires background screening until the arrest is resolved in a way that the employer determines that the employee is still eligible for employment under this chapter.

The employer must terminate the employment of any of its personnel found to be in noncompliance with the minimum standards of this chapter or place the employee in a position for which background screening is not required unless the employee is granted an exemption from disqualification pursuant to s. 435.07.

Felonies for which at least 3 years have elapsed since the applicant for the exemption has completed or been lawfully released from confinement, supervision, or sanction for the disqualifying felony;

Misdemeanors prohibited under any of the statutes cited in this chapter or under similar statutes of other jurisdictions for which the applicant for the exemption has completed or been lawfully released from confinement, supervision, or sanction;

Offenses that were felonies when committed but that are now misdemeanors and for which the applicant for the exemption has completed or been lawfully released from confinement, supervision, or sanction; or

Findings of delinquency. For offenses that would be felonies if committed by an adult and the record has not been sealed or expunged, the exemption may not be granted until at least 3 years have elapsed since the applicant for the exemption has completed or been lawfully released from confinement, supervision, or sanction for the disqualifying offense.

In order for the head of an agency to grant an exemption to any employee, the employee must demonstrate by clear and convincing evidence that the employee should not be disqualified from employment. Employees seeking an exemption have the burden of setting forth clear and convincing evidence of rehabilitation, including, but not limited to, the circumstances surrounding the criminal incident for which an exemption is sought, the time period that has elapsed since the incident, the nature of the harm caused to the victim, and the history of the employee since the incident, or any other evidence or circumstances indicating that the employee will not present a danger if employment or continued employment is allowed.

The agency may consider as part of its deliberations of the employee’s rehabilitation the fact that the employee has, subsequent to the conviction for the disqualifying offense for which the exemption is being sought, been arrested for or convicted of another crime, even if that crime is not a disqualifying offense.

The decision of the head of an agency regarding an exemption may be contested through the hearing procedures set forth in chapter 120. The standard of review by the administrative law judge is whether the agency’s intended action is an abuse of discretion.

Disqualification from employment under this chapter may not be removed from, nor may an exemption be granted to, any personnel who is found guilty of, regardless of adjudication, or who has entered a plea of nolo contendere or guilty to, any felony covered by s. 435.03 or s. 435.04 solely by reason of any pardon, executive clemency, or restoration of civil rights.

Disqualification from employment under this chapter may not be removed from, nor may an exemption be granted to, any person who is a:

Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as to such person’s qualifications for a position of special trust.

Use records information for purposes other than screening for employment or release records information to other persons for purposes other than screening for employment.