F.S. 435.07
Exemptions from disqualification
The route back for someone who is disqualified. The head of the agency may grant an exemption, but not for at least two years after the person completes confinement, supervision or any court-imposed condition for a disqualifying felony, and never while court-ordered money is still owed. The burden is on the person, and the standard is clear and convincing evidence of rehabilitation.
What 435.07 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.
- Felonies: at least 2 years must have passed since the person completed or was lawfully released from confinement, supervision, or a non-monetary court condition — 435.07(1)(a)1.
- Any court-ordered fees, costs of prosecution, or restitution must be paid IN FULL before the person is eligible at all — 435.07(1).
- The person carries the burden, by clear and convincing evidence of rehabilitation — 435.07(3)(a).
- The agency may weigh later arrests or convictions, even for crimes that are not themselves disqualifying — 435.07(3)(b).
- No exemption is possible for a designated sexual predator, a career offender, or a sexual offender unless the registration requirement has been removed — 435.07(4)(b).
- A pardon, executive clemency or restoration of civil rights does not by itself remove disqualification for a felony under 435.03 or 435.04 — 435.07(4)(a).
- An agency decision can be contested under chapter 120; the judge asks only whether it was an abuse of discretion — 435.07(3)(c).
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. 435.07 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
- 435.06 — Exclusion from employment
- 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.