The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 435
EMPLOYMENT SCREENING

View Entire Chapter

F.S. 435.11

435.11 Penalties.—

(1) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:

(a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as to such person’s qualifications for a position of special trust.

(b) Use records information for purposes other than screening for employment or release records information to other persons for purposes other than screening for employment.

(2) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for any person willfully, knowingly, or intentionally to use juvenile records information for any purposes other than specified in this section or to release such information to other persons for purposes other than specified in this section.

History.—s. 47, ch. 95-228; s. 283, ch. 96-406.

F.S. 435.11 on Google Scholar

F.S. 435.11 on Casetext

Amendments to 435.11

Arrestable Offenses / Crimes under Fla. Stat. 435.11

Level: Degree
Misdemeanor/Felony: First/Second/Third

S435.11 1a - FRAUD - MISREP FAIL DISCLOSE INFO ON EMP APP - M: F

S435.11 1b - INVADE PRIVACY - USE RELEASE INFO FOR OTHER THAN SCREEN PURP - M: F

S435.11 2 - INVADE PRIVACY - USE RELEASE JUV RECORDS OTHER THAN SCREENING - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

NORTHERN PLAINS RESOURCE COUNCIL, v. FIDELITY EXPLORATION AND DEVELOPMENT COMPANY,, 325 F.3d 1155 (9th Cir. 2003)

. . . . §§ 435.41(bb), 435.11(bb) (emphasis added). . . .

ALTERRA HEALTHCARE CORPORATION, v. ESTATE OF SHELLEY,, 827 So. 2d 936 (Fla. 2002)

. . . employees hired on or after October 1, 1998, who perform personal services as defined in § 400.402(17)); § 435.11 . . .

CLEVELAND CRANE ENGINEERING CO. v. THE UNITED STATES, 61 Ct. Cl. 864 (Ct. Cl. 1926)

. . . Worked direct materials- 435.11 ' 4. Direct labor and overhead expense- 423. 54 5. . . .