Revised 10/14
(bb) Section 810.145, relating to video voyeurism, if the offense is a felony.
(cc) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.
(dd) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.
(ee) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.
(ff) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or
disabled adult.
(gg) Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony.
(hh) Section 826.04, relating to incest.
(ii) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.
(jj) Section 827.04, relating to contributing to the delinquency or dependency of a child.
(kk) Former s. 827.05, relating to negligent treatment of children.
(ll) Section 827.071, relating to sexual performance by a child.
(mm) Section 843.01, relating to resisting arrest with violence.
(nn) Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of
protection or communication.
(oo) Section 843.12, relating to aiding in an escape.
(pp) Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions.
(qq) Chapter 847, relating to obscene literature.
(rr) Section 874.05(1), relating to encouraging or recruiting another to join a criminal gang.
(ss) 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.
(tt) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.
(uu) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.
(vv) Section 944.40, relating to escape.
(ww) Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner.
(xx) Section 944.47, relating to introduction of contraband into a correctional facility.
(yy) Section 985.701, relating to sexual misconduct in juvenile justice programs.
(zz) Section 985.711, relating to contraband introduced into detention facilities.
(3) The security background investigations under this section must ensure that no person subject to this section has been
found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes
domestic violence as defined in s. 741.28
435.07 Exemptions from disqualification—
Unless otherwise provided by law, the provisions of this section apply to exemptions from disqualification for disqualifying
offenses revealed pursuant to background screenings required under this chapter, regardless of whether those
disqualifying offenses are listed in this chapter or other laws.
(1) The head of the appropriate agency may grant to any employee otherwise disqualified from employment an exemption
from disqualification for:
(a) Felonies for which at least 3 years have elapsed since the applicant for the exemption has completed or been lawfully
released from confinement, supervision, or non-monetary conditions imposed by the court for the disqualifying felony;
(b) Misdemeanors prohibited under any of the statutes cited in this chapter or under similar statutes of other jurisdictions
for which the applicant for the exemption has completed or been lawfully released from confinement, supervision, or
non-monetary condition;
(c) Offenses that were felonies when committed but that are now misdemeanors and for which the applicant for the
exemption has completed or been lawfully released from confinement, supervision, or non-monetary condition; or
(d) Findings of delinquency. For offenses that would be felonies if committed by an adult and the record has not been
sealed or expunged, the exemption may not be granted until at least 3 years have elapsed since the applicant for the
exemption has completed or been lawfully released from confinement, supervision, or non-monetary conditions
imposed by the court for the disqualifying offense.
For the purposes of this subsection, the term “felonies” means both felonies prohibited under any of the statutes cited in
this chapter or under similar statutes of other jurisdictions.
(2) Persons employed, or applicants for employment, by treatment providers who treat adolescents 13 years of age and
older who are disqualified from employment solely because of crimes under s. 817.563, s. 893.13, or s. 893.147 may
be exempted from disqualification from employment pursuant to this chapter without application of the waiting period in