F.S. 435.06
Exclusion from employment
What you must do when a screening comes back with a problem. You notify the employee in writing naming the specific record, and you may not let them have contact with a vulnerable person until screening is finished and clear. The only ground for contesting a disqualification is mistaken identity — everything else goes through an exemption under 435.07.
What 435.06 actually says
Every line below ends in the subsection it comes from, so you can check it against the statute rather than take our word for it.
- Notice must be in writing and must state the specific record that shows noncompliance — 435.06(1).
- The only basis for contesting a disqualification is proof of mistaken identity — 435.06(1).
- No contact with a vulnerable person in a role requiring screening until the process is complete and shows no grounds for denial — 435.06(2)(a).
- If you learn an employee has been arrested for a disqualifying offence, remove them from contact until it is resolved — 435.06(2)(b).
- You may hire before screening completes for training and orientation only. No direct contact with vulnerable persons until it is done — 435.06(2)(d).
- Refusing to cooperate with screening, or to submit the information in time, is itself disqualifying — 435.06(3).
Read from the Legislature's published text of Chapter 435 on 09/07/2026. The statute governs, not this page — open the source below for the full wording.
What this chapter covers
The screening rulebook every Florida care employer works from. It defines what Level 2 actually means, what disqualifies somebody, how an exemption works, and it runs the Care Provider Background Screening Clearinghouse — including two deadlines most providers have never been told about.
Read the text
Everything above is our plain-English reading of the section, cited line by line. It is not the statute and it is not legal advice. For the exact wording, and for whether it has been amended since we read it, go to the source:
F.S. 435.06 on leg.state.fl.usOther sections in Chapter 435
- 435.01 — Applicability of this chapter; statutory references; rulemaking
- 435.02 — Definitions
- 435.03 — Level 1 screening standards
- 435.04 — Level 2 screening standards
- 435.05 — Requirements for covered employees and employers
- 435.07 — Exemptions from disqualification
- 435.08 — Payment for processing of fingerprints and state criminal records checks
- 435.09 — Confidentiality of personnel background check information
- 435.10 — Sharing of personnel information among employers
- 435.11 — Penalties
- 435.12 — Care Provider Background Screening Clearinghouse
Section numbers and titles were read from the Legislature's own chapter index on 08/19/2026. This is general information, not legal advice — confirm anything that matters with a licensed professional. Care Wizard is an independent tool and is not affiliated with the Florida Legislature or APD.
