The Florida Senate

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, employment history checks, 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 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.

(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 is 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.

¹(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)  ²Section 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 or employers licensed or registered pursuant to chapter 400, does not have a confirmed report of abuse, neglect, or exploitation as defined in s. 415.102(5), 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.

(4)  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.

¹Note.--As enacted by s. 22, 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. 16, 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.

²Note.--Repealed by s. 11, ch. 96-322, and s. 31, ch. 96-388.