Chapter 435 Florida Statutes: Disqualifying Offenses and Exemptions

Florida Statute Chapter 435 disqualifying offenses are the more than 50 criminal offenses listed in Section 435.04(2) that automatically bar a person from any employment, volunteer role, or contract regulated by a Florida state agency that involves contact with children, elderly adults, or people with disabilities. The list runs from homicide and sexual battery through kidnapping, felony theft, felony drug offenses, and specific institutional and weapons crimes. A disqualification is immediate, but it is not always permanent: most offenses allow an application for exemption after a waiting period, while a defined set of offenses and offender designations cannot be exempted at all.

What Counts as a Disqualifying Record

A conviction is not the only thing that disqualifies you. Under Section 435.04, you are barred if any of the following apply to a listed offense:

You were arrested for the offense and the case has not been resolved.¹
You were found guilty, regardless of adjudication. A withhold of adjudication does not protect you.
You entered a plea of guilty or no contest.
You were adjudicated delinquent as a juvenile, and the record has not been sealed or expunged.

The statute also reaches equivalent offenses under the laws of other states and jurisdictions, so an out-of-state record for a similar crime carries the same effect.¹

The Full List of Disqualifying Offenses

Section 435.04(2) is the master list, and Level 1 screening cross-references it, so the offenses below disqualify under either screening tier.² Level 1 adds one further category: any offense that constitutes domestic violence as defined in Section 741.28.

Homicide

Murder (s. 782.04)
Manslaughter, including aggravated manslaughter of an elderly person, disabled adult, or child (s. 782.07)
Vehicular homicide (s. 782.071)
Killing an unborn child by injury to the mother (s. 782.09)

Assault, Battery, and Violent Crimes

Any felony assault, battery, or culpable negligence offense under Chapter 784
Assault against a minor (s. 784.011)
Aggravated assault (s. 784.021)
Battery against a minor (s. 784.03)
Aggravated battery (s. 784.045)
Battery on detention facility staff or a juvenile probation officer (s. 784.075)

Kidnapping, Trafficking, and Related Offenses

Kidnapping (s. 787.01)
False imprisonment (s. 787.02)
Luring or enticing a child (s. 787.025)
Removing a child from the state with criminal intent during custody or dependency proceedings (s. 787.04(2) and (3))
Human trafficking (s. 787.06)
Human smuggling (s. 787.07)

Sexual Offenses

Sexual battery (s. 794.011)
Sexual activity by a person in familial or custodial authority (former s. 794.041)
Unlawful sexual activity with certain minors (s. 794.05)
Female genital mutilation (s. 794.08)
Prostitution-related offenses (Chapter 796)
Lewd and lascivious behavior (s. 798.02)
Lewdness, indecent exposure, and offenses against students by authority figures (Chapter 800)
Sexual performance by a child (s. 827.071)
Incest (s. 826.04)
Felony voyeurism (s. 810.14)
Felony digital voyeurism (s. 810.145)
Obscenity offenses (Chapter 847)

Crimes Against Children

Failure to report child abuse, abandonment, or neglect (s. 39.205)
Child abuse, aggravated child abuse, or neglect of a child (s. 827.03)
Contributing to the delinquency or dependency of a child (s. 827.04)
Negligent treatment of children (former s. 827.05)

Crimes Against Elderly or Disabled Persons

Adult abuse, neglect, or exploitation of aged or disabled persons (s. 415.111)
Abuse, aggravated abuse, or neglect of an elderly person or disabled adult (s. 825.102)
Lewd or lascivious offenses against an elderly person or disabled adult (s. 825.1025)
Felony exploitation of an elderly person or disabled adult (s. 825.103)

Sexual Misconduct in Institutional Settings

Sexual misconduct with developmentally disabled clients (s. 393.135)
Sexual misconduct with mental health patients (s. 394.4593)
Sexual misconduct with forensic clients (s. 916.1075)

Property, Financial, and Fraud Offenses

Felony fraud (s. 414.39)
Arson (s. 806.01)
Burglary (s. 810.02)
Felony theft, robbery, or related crimes (Chapter 812)
Felony fraudulent sale of controlled substances (s. 817.563)
Counterfeit prescription blanks for controlled substances (s. 831.311)

Weapons Offenses

Displaying firearms or weapons within 1,000 feet of a school (s. 790.115(1))
Possessing weapons or destructive devices on school property (s. 790.115(2)(b))

Drug Offenses

Any felony drug offense under Chapter 893, or any Chapter 893 offense in which a minor was involved

Other Disqualifying Offenses

Attempts, solicitation, or conspiracy to commit any listed offense (s. 777.04)
Written or electronic threats to kill, cause bodily injury, or conduct a mass shooting or act of terrorism (s. 836.10)
Resisting arrest with violence (s. 843.01)
Depriving a law enforcement officer of protection or communication (s. 843.025)
Aiding in an escape (s. 843.12 and s. 843.13)
Poisoning food or water (s. 859.01)
Buying or selling human organs or tissue (s. 873.01)
Recruiting another person to join a criminal gang (s. 874.05)
Cruel or inhuman treatment of an inmate causing great bodily harm (s. 944.35(3))
Escape from a correctional institution (s. 944.40)

What Happens the Moment You’re Flagged

When a screening comes back with a disqualifying record, the employer must notify the employee in writing and identify the specific record.³ The employer then has to either terminate the employee or move them to a position that doesn’t require screening. There is no option to keep the employee in a screened role while the situation is worked out.

If a current employee is arrested for a listed offense, the employer must immediately remove that person from any role involving contact with vulnerable people. The removal lasts until the arrest is resolved and eligibility is confirmed.³

The only basis for challenging the disqualification itself is mistaken identity. If the record actually belongs to someone else, the employee can dispute it. If the record is accurate, the disqualification stands, and the only path forward is an exemption.³ Florida law also shields employers from reemployment assistance obligations and damages claims when they terminate someone based on a disqualifying offense.

Applying for an Exemption

A disqualified person can apply to the head of the state agency that regulates their industry. Health care workers apply to the Agency for Health Care Administration; child welfare workers apply to the Department of Children and Families; and so on.⁴

Waiting Periods

The clock starts when confinement, supervision, or any non-monetary court-imposed condition ends.

Felonies: at least two years must have passed.
Misdemeanors: no additional waiting period beyond completing or being released from the sentence.
Felony-level juvenile delinquency findings: at least three years must have passed, and the record must not be sealed or expunged.

Before applying, all court-ordered financial obligations tied to the disqualifying offense must be paid in full, including fines, fees, restitution, court costs, and liens.⁴

What You Have to Prove

The applicant carries the entire burden, and the standard is clear and convincing evidence of rehabilitation. The agency looks at the circumstances of the offense, how much time has passed, the nature of any harm to a victim, and the applicant’s history since the offense.⁴ In practice, that means submitting arrest and court records, proof of completed treatment or counseling, training certificates, evidence of community involvement, and letters of recommendation, at least one from a current or recent employer.⁵

The Agency for Health Care Administration charges no application fee and aims to decide within 30 days of receiving a complete application. Other agencies have their own timelines.⁵

Disqualifications That Cannot Be Exempted

A pardon, executive clemency, or restoration of civil rights alone will not remove a Chapter 435 disqualification for any felony offense.⁶

Three categories of people are permanently barred from any exemption:

Sexual predators designated under Section 775.21
Career offenders under Section 775.261
Sexual offenders registered under Section 943.0435, unless the registration requirement has been removed

Stricter Rules for Child Care Personnel

People working in child care, as defined in Section 402.302(3), face an expanded list of felonies for which no exemption can ever be granted, including murder, manslaughter, aggravated assault, aggravated battery, kidnapping, sexual battery, luring or enticing a child, unlawful sexual activity with a minor, and felony domestic violence, among others.⁶

For child care workers specifically, a felony drug offense committed within the previous five years also blocks any exemption. After five years, the standard exemption process is available. This five-year drug bar is unique to child care positions and does not apply to other screened roles.⁶

1
Justia Law. Florida Code 435.04 – Level 2 Screening Standards
2
Florida Senate. Florida Code 435.03 – Level 1 Screening Standards
3
Online Sunshine. Florida Statutes 435.06 – Exclusion From Employment
4
Florida Senate. Florida Code 435.07 – Exemptions From Disqualification
5
Agency for Health Care Administration. Exemption From Disqualification Process – Frequently Asked Questions
6
Florida Senate. Florida Code 435.07 – Exemptions From Disqualification