F.S. 435.09
Confidentiality of personnel background check information
The criminal and juvenile record information you receive from a screening may be used for one purpose only: deciding whether that person meets the minimum standards for employment, or for being an owner or director. Those records are exempt from Florida's public records law.
What 435.09 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.
- One permitted use — determining whether the person meets the minimum standards for employment, or as an owner or director of a covered service provider — 435.09.
- The records are exempt from the public records law at F.S. 119.07(1) — 435.09.
- Using or releasing them for anything else is a crime under 435.11.
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. 435.09 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
- 435.07 — Exemptions from disqualification
- 435.08 — Payment for processing of fingerprints and state criminal records checks
- 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.