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Florida Statute 435 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 435
EMPLOYMENT SCREENING
View Entire Chapter
CHAPTER 435
TITLE XXXI
LABOR
CHAPTER 435
EMPLOYMENT SCREENING
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.
435.09 Confidentiality of personnel background check information.
435.10 Sharing of personnel information among employers.
435.11 Penalties.
435.12 Care Provider Background Screening Clearinghouse.
435.01 Applicability of this chapter; statutory references; rulemaking.
(1)(a) Unless otherwise provided by law, whenever a background screening for employment or a background security check is required by law to be conducted pursuant to this chapter, the provisions of this chapter apply.
(b) Unless expressly provided otherwise, a reference in any section of the Florida Statutes to chapter 435 or to any section or sections or portion of a section of chapter 435 includes all subsequent amendments to chapter 435 or to the referenced section or sections or portions of a section. The purpose of this chapter is to facilitate uniform background screening and, to this end, a reference to this chapter, or to any section or subdivision within this chapter, constitutes a general reference under the doctrine of incorporation by reference.
(2) Agencies may adopt rules to administer this chapter.
History.s. 47, ch. 95-228; s. 35, ch. 2010-114.
1435.02 Definitions.For the purposes of this chapter, the term:
(1) “Agency” means any state, county, or municipal agency that grants licenses or registration permitting the operation of an employer or is itself an employer or that otherwise facilitates the screening of employees pursuant to this chapter. If there is no state agency or the municipal or county agency chooses not to conduct employment screening, “agency” means the Department of Children and Families.
(2) “Employee” means any person required by law to be screened pursuant to this chapter, including, but not limited to, persons who are contractors, licensees, or volunteers.
(3) “Employer” means any person or entity required by law to conduct screening of employees pursuant to this chapter.
1(4) “Employment” means any activity or service sought to be performed by an employee which requires the employee to be screened pursuant to this chapter.
(5) “Specified agency” means the Department of Health, the Department of Children and Families, the Agency for Health Care Administration, the Department of Elderly Affairs, the Department of Juvenile Justice, the Agency for Persons with Disabilities, the Department of Education, each district unit under s. 1001.30, special district units under s. 1011.24, the Florida School for the Deaf and the Blind under s. 1002.36, the Florida Virtual School under s. 1002.37, virtual instruction programs under s. 1002.45, charter schools under s. 1002.33, hope operators under s. 1002.333, private schools participating in an educational scholarship program established pursuant to chapter 1002, alternative schools under s. 1008.341, regional workforce boards providing services as defined in s. 445.002(3), and local licensing agencies approved pursuant to s. 402.307, when these agencies are conducting state and national criminal history background screening on persons who work with children or persons who are elderly or disabled.
(6) “Vulnerable person” means a minor as defined in s. 1.01 or a vulnerable adult as defined in s. 415.102.
History.s. 47, ch. 95-228; s. 207, ch. 99-8; s. 36, ch. 2010-114; s. 9, ch. 2012-73; s. 257, ch. 2014-19; s. 10, ch. 2015-79; s. 7, ch. 2021-25; s. 1, ch. 2022-154; s. 1, ch. 2023-220.
1Note.Section 1, ch. 2023-220, added new subsections (1) and (6), redesignated present subsections (1)-(4) and (5) and (6) as subsections (2)-(5) and (7) and (8), respectively, and amended present subsection (4), redesignated as subsection (5), effective July 1, 2024, to read:

(1) “Affiliation” means the status of a person employed or serving as a volunteer or contractor, or seeking to be employed or to serve as a volunteer or contractor, with a qualified entity in a position for which screening is not required by law but is authorized under the National Child Protection Act.

* * * * *

(5) “Employment” means any activity or service sought to be performed by an employee or a person with an affiliation which requires the employee, or for which a person with an affiliation is authorized, to be screened pursuant to this chapter.

(6) “Qualified entity” has the same meaning as in s. 943.0542(1).

435.03 Level 1 screening standards.
(1) All employees required by law to be screened pursuant to this section must undergo background screening as a condition of employment and continued employment which includes, but need not be limited to, employment history checks and statewide criminal correspondence checks through the Department of Law Enforcement, and a check of the Dru Sjodin National Sex Offender Public Website, and may include local criminal records checks through local law enforcement agencies.
(2) Any person required by law to be screened pursuant to this section must not have an arrest awaiting final disposition, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under s. 435.04(2) or similar law of another jurisdiction.
(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, whether such act was committed in this state or in another jurisdiction.
History.s. 47, ch. 95-228; s. 15, ch. 96-268; s. 21, ch. 96-322; s. 3, ch. 98-417; s. 87, ch. 2000-153; s. 45, ch. 2000-349; s. 62, ch. 2001-62; s. 50, ch. 2003-1; s. 4, ch. 2004-267; s. 3, ch. 2005-119; s. 89, ch. 2006-197; s. 61, ch. 2006-227; s. 109, ch. 2007-5; s. 16, ch. 2008-244; s. 37, ch. 2010-114; s. 34, ch. 2011-4.
435.04 Level 2 screening standards.
(1)1(a) All employees required by law to be screened pursuant to this section must undergo security background investigations as a condition of employment and continued employment which includes, but need not be limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, and national criminal history records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.
1(b) Fingerprints submitted pursuant to this section on or after July 1, 2012, must be submitted electronically to the Department of Law Enforcement.
(c) An agency may contract with one or more vendors to perform all or part of the electronic fingerprinting pursuant to this section. Such contracts must ensure that the owners and personnel of the vendor performing the electronic fingerprinting are qualified and will ensure the integrity and security of all personal information.
1(d) An agency may require by rule that fingerprints submitted pursuant to this section must be submitted electronically to the Department of Law Enforcement on a date earlier than July 1, 2012.
(e) Vendors who submit fingerprints on behalf of employers must:
1. Meet the requirements of s. 943.053; and
2. Have the ability to communicate electronically with the state agency accepting screening results from the Department of Law Enforcement and provide the applicant’s full first name, middle initial, and last name; social security number or individual taxpayer identification number; date of birth; mailing address; sex; and race.
1(2) The security background investigations under this section must ensure that no persons subject to the provisions of this section have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction:
(a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.
(b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.
(c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.
(d) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.
(e) Section 782.04, relating to murder.
(f) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.
(g) Section 782.071, relating to vehicular homicide.
(h) Section 782.09, relating to killing of an unborn child by injury to the mother.
(i) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.
(j) Section 784.011, relating to assault, if the victim of the offense was a minor.
(k) Section 784.03, relating to battery, if the victim of the offense was a minor.
(l) Section 787.01, relating to kidnapping.
(m) Section 787.02, relating to false imprisonment.
(n) Section 787.025, relating to luring or enticing a child.
(o) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.
(p) Section 787.04(3), relating to carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person.
(q) Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school.
(r) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property.
(s) Section 794.011, relating to sexual battery.
(t) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority.
(u) Section 794.05, relating to unlawful sexual activity with certain minors.
(v) Chapter 796, relating to prostitution.
(w) Section 798.02, relating to lewd and lascivious behavior.
(x) Chapter 800, relating to lewdness and indecent exposure.
(y) Section 806.01, relating to arson.
(z) Section 810.02, relating to burglary.
(aa) Section 810.14, relating to voyeurism, if the offense is a felony.
(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, 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 arrested for and is awaiting final disposition of, 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, whether such act was committed in this state or in another jurisdiction.
(4) For the purpose of screening applicability to participate in the Medicaid program, the security background investigations under this section must ensure that a person subject to screening under this section has not been arrested for and is not awaiting final disposition of; has not been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to; and has not been adjudicated delinquent and the record sealed or expunged for, any of the following offenses:
(a) Violation of a federal law or a law in any state which creates a criminal offense relating to:
1. The delivery of any goods or services under Medicaid or Medicare or any other public or private health care or health insurance program, including the performance of management or administrative services relating to the delivery of goods or services under any such program;
2. Neglect or abuse of a patient in connection with the delivery of any health care good or service;
3. Unlawful manufacture, distribution, prescription, or dispensing of a controlled substance;
4. Fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct;
5. Moral turpitude, if punishable by imprisonment of a year or more; or
6. Interference with or obstruction of an investigation into any criminal offense identified in this subsection.
(b) Violation of the following state laws or laws of another jurisdiction:
1. Section 817.569, criminal use of a public record or information contained in a public record;
2. Section 838.016, unlawful compensation or reward for official behavior;
3. Section 838.021, corruption by threat against a public servant;
4. Section 838.022, official misconduct;
5. Section 838.22, bid tampering;
6. Section 839.13, falsifying records; or
7. Section 839.26, misuse of confidential information.
(c) Violation of a federal or state law, rule, or regulation governing the Florida Medicaid program or any other state Medicaid program, the Medicare program, or any other publicly funded federal or state health care or health insurance program.
History.s. 47, ch. 95-228; s. 16, ch. 96-268; s. 22, ch. 96-322; s. 4, ch. 98-417; s. 5, ch. 99-284; s. 88, ch. 2000-153; s. 7, ch. 2001-125; s. 5, ch. 2004-267; s. 4, ch. 2005-119; s. 111, ch. 2006-120; s. 90, ch. 2006-197; s. 110, ch. 2007-5; s. 3, ch. 2007-112; s. 66, ch. 2009-223; s. 6, ch. 2010-31; s. 38, ch. 2010-114; s. 10, ch. 2012-73; s. 4, ch. 2013-80; s. 6, ch. 2014-84; s. 4, ch. 2014-194; s. 3, ch. 2016-162; s. 19, ch. 2017-37; s. 89, ch. 2018-24; s. 2, ch. 2023-220.
1Note.Section 2, ch. 2023-220, deleted paragraph (1)(d), and amended paragraphs (1)(a) and (b) and subsection (2), effective July 1, 2024, to read:

(a) All employees required by law to be screened under this section and persons with an affiliation with a qualified entity for whom the qualified entity chooses to conduct screening under s. 943.0542 must undergo security background investigations as a condition of employment and continued employment which includes, but is not limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, national criminal history records checks through the Federal Bureau of Investigation, and local criminal records checks through local law enforcement agencies. A security background investigation under this section also includes a search of the sexual predator and sexual offender registries of any state in which the current or prospective employee resided during the immediate preceding 5 years.

(b) Fingerprints submitted pursuant to this section must be submitted electronically to the Department of Law Enforcement.

* * * * *

(2) The security background investigations under this section must ensure that persons subject to this section have not been arrested for and are awaiting final disposition of, have not been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have not been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction:

(a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.

(b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.

(c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.

(d) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.

(e) Section 782.04, relating to murder.

(f) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.

(g) Section 782.071, relating to vehicular homicide.

(h) Section 782.09, relating to killing of an unborn child by injury to the mother.

(i) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.

(j) Section 784.011, relating to assault, if the victim of the offense was a minor.

(k) Section 784.021, relating to aggravated assault.

(l) Section 784.03, relating to battery, if the victim of the offense was a minor.

(m) Section 784.045, relating to aggravated battery.

(n) Section 784.075, relating to battery on staff of a detention or commitment facility or on a juvenile probation officer.

(o) Section 787.01, relating to kidnapping.

(p) Section 787.02, relating to false imprisonment.

(q) Section 787.025, relating to luring or enticing a child.

(r) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.

(s) Section 787.04(3), relating to carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person.

(t) Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school.

(u) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property.

(v) Section 794.011, relating to sexual battery.

(w) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority.

(x) Section 794.05, relating to unlawful sexual activity with certain minors.

(y) Section 794.08, relating to female genital mutilation.

(z) Chapter 796, relating to prostitution.

(aa) Section 798.02, relating to lewd and lascivious behavior.

(bb) Chapter 800, relating to lewdness and indecent exposure and offenses against students by authority figures.

(cc) Section 806.01, relating to arson.

(dd) Section 810.02, relating to burglary.

(ee) Section 810.14, relating to voyeurism, if the offense is a felony.

(ff) Section 810.145, relating to video voyeurism, if the offense is a felony.

(gg) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.

(hh) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.

(ii) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.

(jj) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.

(kk) Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony.

(ll) Section 826.04, relating to incest.

(mm) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.

(nn) Section 827.04, relating to contributing to the delinquency or dependency of a child.

(oo) Former s. 827.05, relating to negligent treatment of children.

(pp) Section 827.071, relating to sexual performance by a child.

(qq) Section 843.01, relating to resisting arrest with violence.

(rr) Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication.

(ss) Section 843.12, relating to aiding in an escape.

(tt) Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions.

(uu) Chapter 847, relating to obscene literature.

(vv) Section 874.05, relating to encouraging or recruiting another to join a criminal gang.

(ww) 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.

(xx) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.

(yy) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.

(zz) Section 944.40, relating to escape.

(aaa) Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner.

(bbb) Section 944.47, relating to introduction of contraband into a correctional facility.

(ccc) Section 985.701, relating to sexual misconduct in juvenile justice programs.

(ddd) Section 985.711, relating to contraband introduced into detention facilities.

435.05 Requirements for covered employees and employers.Except as otherwise provided by law, the following requirements apply to covered employees and employers:
(1)(a) Every person required by law to be screened pursuant to this chapter must submit a complete set of information necessary to conduct a screening under this chapter.
(b) For level 1 screening, the employer must submit the information necessary for screening to the Department of Law Enforcement within 5 working days after receiving it. The Department of Law Enforcement shall conduct a search of its records and respond to the employer or agency. The employer must inform the employee whether screening has revealed any disqualifying information.
(c) For level 2 screening, the employer or agency must submit the information necessary for screening to the Department of Law Enforcement within 5 working days after receiving it. The Department of Law Enforcement shall perform a criminal history record check of its records and request that the Federal Bureau of Investigation perform a national criminal history record check of its records for each employee for whom the request is made. The Department of Law Enforcement shall respond to the employer or agency, and the employer or agency must inform the employee whether screening has revealed disqualifying information.
(d) The person whose background is being checked must supply any missing criminal or other necessary information upon request to the requesting employer or agency within 30 days after receiving the request for the information.
(2) Every employee must attest, subject to penalty of perjury, to meeting the requirements for qualifying for employment pursuant to this chapter and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer.
(3) Each employer licensed or registered with an agency must conduct level 2 background screening and must submit to the agency annually or at the time of license renewal, under penalty of perjury, a signed attestation attesting to compliance with the provisions of this chapter.
History.s. 47, ch. 95-228; s. 208, ch. 99-8; s. 46, ch. 2000-349; s. 63, ch. 2001-62; s. 21, ch. 2004-267; s. 67, ch. 2009-223; s. 39, ch. 2010-114; s. 7, ch. 2014-84.
435.06 Exclusion from employment.
(1) If an employer or agency has reasonable cause to believe that grounds exist for the denial or termination of employment of any employee as a result of background screening, it shall notify the employee in writing, stating the specific record that indicates noncompliance with the standards in this chapter. It is the responsibility of the affected employee to contest his or her disqualification or to request exemption from disqualification. The only basis for contesting the disqualification is proof of mistaken identity.
(2)(a) An employer may not hire, select, or otherwise allow an employee to have contact with any vulnerable person that would place the employee in a role that requires background screening until the screening process is completed and demonstrates the absence of any grounds for the denial or termination of employment. If the screening process shows any grounds for the denial or termination of employment, the employer may not hire, select, or otherwise allow the employee to have contact with any vulnerable person that would place the employee in a role that requires background screening unless the employee is granted an exemption for the disqualification by the agency as provided under s. 435.07.
(b) If an employer becomes aware that an employee has been arrested for a disqualifying offense, the employer must remove the employee from contact with any vulnerable person that places the employee in a role that requires background screening until the arrest is resolved in a way that the employer determines that the employee is still eligible for employment under this chapter.
(c) The employer must terminate the employment of any of its personnel found to be in noncompliance with the minimum standards of this chapter or place the employee in a position for which background screening is not required unless the employee is granted an exemption from disqualification pursuant to s. 435.07.
(d) An employer may hire an employee to a position that requires background screening before the employee completes the screening process for training and orientation purposes. However, the employee may not have direct contact with vulnerable persons until the screening process is completed and the employee demonstrates that he or she exhibits no behaviors that warrant the denial or termination of employment.
(3) Any employee who refuses to cooperate in such screening or refuses to timely submit the information necessary to complete the screening, including fingerprints if required, must be disqualified for employment in such position or, if employed, must be dismissed.
(4) There is no reemployment assistance or other monetary liability on the part of, and no cause of action for damages against, an employer that, upon notice of a conviction or arrest for a disqualifying offense listed under this chapter, terminates the person against whom the report was issued or who was arrested, regardless of whether or not that person has filed for an exemption pursuant to this chapter.
History.s. 47, ch. 95-228; s. 40, ch. 2010-114; s. 65, ch. 2012-30; s. 11, ch. 2012-73.
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)1(a) The head of the appropriate agency may grant to any employee otherwise disqualified from employment an exemption from disqualification for:
1. 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 nonmonetary condition imposed by the court for the disqualifying felony;
2. 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 nonmonetary condition imposed by the court;
3. 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 nonmonetary condition imposed by the court; or
4. 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 nonmonetary condition imposed by the court for the disqualifying offense.
(b) A person applying for an exemption who was ordered to pay any amount for any fee, fine, fund, lien, civil judgment, application, costs of prosecution, trust, or restitution as part of the judgment and sentence for any disqualifying felony or misdemeanor must pay the court-ordered amount in full before he or she is eligible for the exemption.

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. 796.07(2)(e), s. 810.02(4), s. 812.014(2)(c), s. 817.563, s. 831.01, s. 831.02, s. 893.13, or s. 893.147, or any related criminal attempt, solicitation, or conspiracy under s. 777.04, may be exempted from disqualification from employment pursuant to this chapter without application of the waiting period in subparagraph (1)(a)1.
(3)1(a) In order for the head of an agency to grant an exemption to any employee, the employee must demonstrate by clear and convincing evidence that the employee should not be disqualified from employment. Employees seeking an exemption have the burden of setting forth clear and convincing evidence of rehabilitation, including, but not limited to, the circumstances surrounding the criminal incident for which an exemption is sought, the time period that has elapsed since the incident, the nature of the harm caused to the victim, and the history of the employee since the incident, or any other evidence or circumstances indicating that the employee will not present a danger if employment or continued employment is allowed.
1(b) The agency may consider as part of its deliberations of the employee’s rehabilitation the fact that the employee has, subsequent to the conviction for the disqualifying offense for which the exemption is being sought, been arrested for or convicted of another crime, even if that crime is not a disqualifying offense.
(c) The decision of the head of an agency regarding an exemption may be contested through the hearing procedures set forth in chapter 120. The standard of review by the administrative law judge is whether the agency’s intended action is an abuse of discretion.
(4)1(a) Disqualification from employment under this chapter may not be removed from, nor may an exemption be granted to, any personnel who is found guilty of, regardless of adjudication, or who has entered a plea of nolo contendere or guilty to, any felony covered by s. 435.03 or s. 435.04 solely by reason of any pardon, executive clemency, or restoration of civil rights.
1(b) Disqualification from employment under this chapter may not be removed from, nor may an exemption be granted to, any person who is a:
1. Sexual predator as designated pursuant to s. 775.21;
2. Career offender pursuant to s. 775.261; or
3. Sexual offender pursuant to s. 943.0435, unless the requirement to register as a sexual offender has been removed pursuant to s. 943.04354.
(c) Disqualification from employment under this chapter may not be removed from, and an exemption may not be granted to, any current or prospective child care personnel, as defined in s. 402.302(3), and such a person is disqualified from employment as child care personnel, regardless of any previous exemptions from disqualification, if the person has been registered as a sex offender as described in 42 U.S.C. s. 9858f(c)(1)(C) or has been arrested for and is awaiting final disposition of, has been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, or has been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or a similar law of another jurisdiction:
1. A felony offense prohibited under any of the following statutes:
a. Chapter 741, relating to domestic violence.
b. Section 782.04, relating to murder.
c. Section 782.07, relating to manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; or aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic.
d. Section 784.021, relating to aggravated assault.
e. Section 784.045, relating to aggravated battery.
f. Section 787.01, relating to kidnapping.
g. Section 787.025, relating to luring or enticing a child.
h. Section 787.04(2), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending custody proceedings.
i. Section 787.04(3), relating to leading, taking, enticing, or removing a minor beyond the state limits, or concealing the location of a minor, with criminal intent pending dependency proceedings or proceedings concerning alleged abuse or neglect of a minor.
j. Section 794.011, relating to sexual battery.
k. Former s. 794.041, relating to sexual activity with or solicitation of a child by a person in familial or custodial authority.
l. Section 794.05, relating to unlawful sexual activity with certain minors.
m. Section 794.08, relating to female genital mutilation.
n. Section 806.01, relating to arson.
o. Section 826.04, relating to incest.
p. Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.
q. Section 827.04, relating to contributing to the delinquency or dependency of a child.
r. Section 827.071, relating to sexual performance by a child.
s. Chapter 847, relating to child pornography.
t. Chapter 893, relating to a drug abuse prevention and control offense, if that offense was committed in the preceding 5 years.
u. Section 985.701, relating to sexual misconduct in juvenile justice programs.
2. A misdemeanor offense prohibited under any of the following statutes:
a. Section 784.03, relating to battery, if the victim of the offense was a minor.
b. Section 787.025, relating to luring or enticing a child.
c. Chapter 847, relating to child pornography.
3. A criminal act committed in another state or under federal law which, if committed in this state, constitutes an offense prohibited under any statute listed in subparagraph 1. or subparagraph 2.
(5) Exemptions granted by one agency shall be considered by subsequent agencies, but are not binding on the subsequent agency.
History.s. 47, ch. 95-228; s. 47, ch. 2000-349; s. 64, ch. 2001-62; s. 29, ch. 2004-267; s. 9, ch. 2005-128; s. 41, ch. 2010-114; s. 8, ch. 2014-84; ss. 1, 3, ch. 2016-98; s. 26, ch. 2016-104; s. 37, ch. 2016-105; s. 15, ch. 2016-238; s. 20, ch. 2017-37; s. 26, ch. 2018-103; s. 10, ch. 2019-159; s. 11, ch. 2021-156; s. 3, ch. 2023-220.
1Note.Section 3, ch. 2023-220, amended paragraphs (1)(a), (3)(a) and (b), and (4)(a) and (b), effective July 1, 2024 to read:

(a) The head of the appropriate agency or qualified entity may grant to any employee or person with an affiliation otherwise disqualified from employment an exemption from disqualification for:

1. 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 nonmonetary condition imposed by the court for the disqualifying felony;

2. 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 nonmonetary condition imposed by the court;

3. 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 nonmonetary condition imposed by the court; or

4. 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 nonmonetary condition 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.

* * * * *

(a) In order for the head of an agency or qualified entity to grant an exemption to an employee or a person with an affiliation, the employee or person with an affiliation must demonstrate by clear and convincing evidence that the employee or person with an affiliation should not be disqualified from employment. Employees or persons with an affiliation seeking an exemption have the burden of setting forth clear and convincing evidence of rehabilitation, including, but not limited to, the circumstances surrounding the criminal incident for which an exemption is sought, the time period that has elapsed since the incident, the nature of the harm caused to the victim, and the history of the employee or person with an affiliation since the incident, or any other evidence or circumstances indicating that the employee or person with an affiliation will not present a danger if employment, affiliation, or continued employment or continued affiliation is allowed.

(b) The agency may consider as part of its deliberations of the rehabilitation of the employee or person with an affiliation the fact that the employee or person with an affiliation has, subsequent to the conviction for the disqualifying offense for which the exemption is being sought, been arrested for or convicted of another crime, even if that crime is not a disqualifying offense.

* * * * *

(a) Disqualification from employment or affiliation under this chapter may not be removed from, nor may an exemption be granted to, any personnel who is found guilty of, regardless of adjudication, or who has entered a plea of nolo contendere or guilty to, any felony covered by s. 435.03 or s. 435.04 solely by reason of any pardon, executive clemency, or restoration of civil rights.

(b) Disqualification from employment or affiliation under this chapter may not be removed from, nor may an exemption be granted to, any person who is a:

1. Sexual predator as designated pursuant to s. 775.21;

2. Career offender pursuant to s. 775.261; or

3. Sexual offender pursuant to s. 943.0435, unless the requirement to register as a sexual offender has been removed pursuant to s. 943.04354.

435.08 Payment for processing of fingerprints and state criminal records checks.The employer or the employee is responsible for paying the costs of screening. Payment shall be submitted to the Department of Law Enforcement with the request for screening. The appropriate agency is responsible for collecting and paying any fee related to fingerprints retained on its behalf to the Department of Law Enforcement for costs resulting from the fingerprint information retention services. The amount of the annual fee and procedures for the submission and retention of fingerprint information and for the dissemination of search results shall be established by rule of the Department of Law Enforcement.
History.s. 47, ch. 95-228; s. 209, ch. 99-8; s. 48, ch. 2000-349; s. 42, ch. 2010-114.
435.09 Confidentiality of personnel background check information.No criminal or juvenile information obtained under this section may be used for any purpose other than determining whether persons meet the minimum standards for employment or for an owner or director of a covered service provider. The criminal records and juvenile records obtained by the department or by an employer are exempt from s. 119.07(1).
History.s. 47, ch. 95-228; s. 282, ch. 96-406; s. 49, ch. 2000-349.
435.10 Sharing of personnel information among employers.Every employer of employees covered by this chapter shall furnish copies of personnel records for employees or former employees to any other employer requesting this information pursuant to this section. Information contained in the records may include, but is not limited to, disciplinary matters and any reason for termination. Any employer releasing such records pursuant to this chapter shall be considered to be acting in good faith and may not be held liable for information contained in such records, absent a showing that the employer maliciously falsified such records.
History.s. 47, ch. 95-228.
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.
435.12 Care Provider Background Screening Clearinghouse.
1(1) The Agency for Health Care Administration in consultation with the Department of Law Enforcement shall create a secure web-based system, which shall be known as the “Care Provider Background Screening Clearinghouse” or “clearinghouse.” The clearinghouse must allow the results of criminal history checks provided to the specified agencies and, beginning January 1, 2026, or a later date as determined by the Agency for Health Care Administration, to qualified entities participating in the clearinghouse for screening of persons qualified as care providers under s. 943.0542 to be shared among the specified agencies and qualified entities when a person has applied to volunteer, be employed, be licensed, enter into a contract, or has an affiliation that allows or requires a state and national fingerprint-based criminal history check. Beginning January 1, 2025, or a later date as determined by the Agency for Health Care Administration, the Agency for Health Care Administration shall review and determine eligibility for all criminal history checks submitted to the clearinghouse for the Department of Education. The clearinghouse shall share eligibility determinations with the Department of Education and the qualified entities. The Agency for Health Care Administration and the Department of Law Enforcement may adopt rules to create forms or implement procedures needed to carry out this section.
1(2)(a) To ensure that the information in the clearinghouse is current, the fingerprints of a person included in the clearinghouse must be:
1. Retained by the Department of Law Enforcement pursuant to s. 943.05(2)(g) and (h) and (3), and the Department of Law Enforcement must report the results of searching those fingerprints against state incoming arrest fingerprint submissions to the Agency for Health Care Administration for inclusion in the clearinghouse.
2. Retained by the Federal Bureau of Investigation in the national retained print arrest notification program as soon as the Department of Law Enforcement begins participation in such program. Arrest prints will be searched against retained prints at the Federal Bureau of Investigation and notification of arrests will be forwarded to the Florida Department of Law Enforcement and reported to the Agency for Health Care Administration for inclusion in the clearinghouse.
3. Resubmitted for a Federal Bureau of Investigation national criminal history check every 5 years until such time as the fingerprints are retained by the Federal Bureau of Investigation.
4. Subject to retention on a 5-year renewal basis with fees collected at the time of initial submission or resubmission of fingerprints.
5. Submitted with a photograph of the person taken at the time the fingerprints are submitted.
(b) Until such time as the fingerprints are enrolled in the national retained print arrest notification program at the Federal Bureau of Investigation:
1. A person with a break in service of more than 90 days from a position that requires screening by a specified agency must submit to a national screening if the person returns to a position that requires screening by a specified agency.
2. Effective January 1, 2026, or a later date as determined by the Agency for Health Care Administration, for the participation of qualified entities in the clearinghouse under s. 435.12, a person with a break in service of more than 90 days from a position for which screening is conducted by a qualified entity participating in the clearinghouse must submit to a national screening if the person returns to a position for which screening is conducted by a qualified entity.
(c) An employer of persons subject to screening or a qualified entity participating in the clearinghouse must register with the clearinghouse and maintain the employment or affiliation status of all persons included in the clearinghouse.
1. Before January 1, 2024, initial status and any changes in status must be reported within 10 business days after a person receives his or her initial status or after a change in the person’s status has been made.
2. Effective January 1, 2024, initial status and any changes in status must be reported within 5 business days after a person receives his or her initial status or after a change in the person’s status has been made.
(d) An employer or a qualified entity participating in the clearinghouse must register with and initiate all criminal history checks through the clearinghouse before referring an employee or potential employee or a person with a current or potential affiliation with a qualified entity for electronic fingerprint submission to the Department of Law Enforcement. The registration must include the person’s full first name, middle initial, and last name; social security number; date of birth; mailing address; sex; and race. Individuals, persons, applicants, and controlling interests that cannot legally obtain a social security number must provide an individual taxpayer identification number.
(3)1(a) Employees of each district unit under s. 1001.30, special district units under s. 1011.24, the Florida School for the Deaf and the Blind under s. 1002.36, the Florida Virtual School under s. 1002.37, virtual instruction programs under s. 1002.45, charter schools under s. 1002.33, hope operators under s. 1002.333, private schools participating in an educational scholarship program established pursuant to chapter 1002, and alternative schools under s. 1008.341 must be rescreened in compliance with the following schedule:
1. Employees for whom the last screening was conducted on or before June 30, 2021, must be rescreened by June 30, 2025.
2. Employees for whom the last screening was conducted between July 1, 2021, and June 30, 2022, must be rescreened by June 30, 2026.
3. Employees for whom the last screening was conducted between July 1, 2022, and December 31, 2023, must be rescreened by June 30, 2027.
(b) A person is not required to be rescreened before January 1, 2023, solely for the purpose of retention under this section if the person was screened before participation by the specified agencies named in paragraph (a) in the clearinghouse.
History.s. 12, ch. 2012-73; s. 9, ch. 2014-84; s. 2, ch. 2022-154; s. 4, ch. 2023-220.
1Note.Section 12, ch. 2023-220, provides that “[t]he changes made to s. 435.12, Florida Statutes, by this act must be implemented by January 1, 2025, or a later date as determined by the Agency for Health Care Administration.”

F.S. 435 on Google Scholar

F.S. 435 on Casetext

Amendments to 435


Arrestable Offenses / Crimes under Fla. Stat. 435
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


Civil Citations / Citable Offenses under S435
R or S next to points is Mandatory Revocation or Suspension

S316.435 MOTOR DRIVEN CYCLE - Types and intensity of headlamps - Points on Drivers License: 0
S316.435 (1) MOTOR DRIVEN CYCLE - Types and intensity of headlamps - Points on Drivers License: 0
S316.435 (2) MOTOR DRIVEN CYCLE - Headlamp/multibeam improper - Points on Drivers License: 0


Annotations, Discussions, Cases:

Cases from cite.case.law:

CALVARY CHAPEL DAYTON VALLEY v. SISOLAK,, 140 S. Ct. 2603 (U.S. 2020)

. . . Paty , 435 U.S. 618, 629, 98 S.Ct. 1322, 55 L.Ed.2d 593 (1978) (Brennan, J., concurring in judgment); . . .

LITTLE SISTERS OF THE POOR SAINTS PETER AND PAUL HOME, v. PENNSYLVANIA, J. v., 140 S. Ct. 2367 (U.S. 2020)

. . . Natural Resources Defense Council, Inc. , 435 U.S. 519, 524, 98 S.Ct. 1197, 55 L.Ed.2d 460 (1978) ). . . . LTV Corp. , 496 U.S. 633, 654-655, 110 S.Ct. 2668, 110 L.Ed.2d 579 (1990) ; Vermont Yankee , 435 U.S. . . . conducting rulemaking procedures.' " Perez , 575 U.S. at 102, 135 S.Ct. 1199 (quoting Vermont Yankee , 435 . . .

ESPINOZA, v. MONTANA DEPARTMENT OF REVENUE,, 140 S. Ct. 2246 (U.S. 2020)

. . . Id. , at 459, 435 P.3d at 609. . . . Id. , at 464-467, 435 P.3d at 612-613. . . . Id. , at 467, 435 P.3d at 614. . . . Id. , at 466-468, 435 P.3d at 613-614. . . . Id. , at 493-494, 435 P.3d at 630. . . . appropriations for sectarian purposes, including funding religious schools. 393 Mont. 446, 467-468, 435 . . . because the Montana Supreme Court invalidated the tax-credit program entirely. 393 Mont. at 467-468, 435 . . . See 393 Mont. at 467-468, 435 P.3d at 614 ; see also ante , at 2280 - 2281 (GINSBURG, J., dissenting) . . . one in which application of the no-aid provision violates the Free Exercise Clause. 393 Mont. at 468, 435 . . . Paty , 435 U.S. 618, 98 S.Ct. 1322, 55 L.Ed.2d 593 (1978) (plurality opinion), for example, a State had . . . plurality opinion concluded that the State's prohibition was based on "status, acts, and conduct." 435 . . . place where the power of the Parliament of England prevails shall that be permitted.' " McDaniel , 435 . . . McDaniel , 435 U.S. at 640, 98 S.Ct. 1322 (opinion of Brennan J.) (quoting Zorach v. . . . Paty , 435 U.S. 618, 626, 98 S.Ct. 1322, 55 L.Ed.2d 593 (1978) ); see ante , at 2256 - 2257. . . .

JUNE MEDICAL SERVICES L. L. C. v. RUSSO, v. LLC., 140 S. Ct. 2103 (U.S. 2020)

. . . Stevens , 559 U.S. 460, 472-473, 130 S.Ct. 1577, 176 L.Ed.2d 435 (2010). . . . King , 569 U.S. 435, 466, 133 S.Ct. 1958, 186 L.Ed.2d 1 (2013) (Scalia, J., dissenting). . . . Both the hospitalization requirement in Akron , 462 U.S. at 435, 103 S.Ct. 2481, and the hospital-accreditation . . .

DEPARTMENT OF HOMELAND SECURITY, v. THURAISSIGIAM, 140 S. Ct. 1959 (U.S. 2020)

. . . McAleenan , 435 F.Supp.3d 731, 734 - 735, 738 - 739 (ND Tex., Jan. 22, 2020) (declining to follow the . . . habeas corpus act shall not be suspended except in times of immediate danger." 2 Documentary History 434-435 . . .

C. LIU, v. SECURITIES AND EXCHANGE COMMISSION, 140 S. Ct. 1936 (U.S. 2020)

. . . United States , 106 U.S. 432, 434-435, 1 S.Ct. 398, 27 L.Ed. 230 (1882) (explaining that an innocent . . .

DEPARTMENT OF HOMELAND SECURITY, v. REGENTS OF THE UNIVERSITY OF CALIFORNIA, J. v., 140 S. Ct. 1891 (U.S. 2020)

. . . Natural Resources Defense Council, Inc. , 435 U.S. 519, 551, 98 S.Ct. 1197, 55 L.Ed.2d 460 (1978). . . .

BOSTOCK, v. CLAYTON COUNTY, GEORGIA v. Jr. Co- R. G. G. R. v., 140 S. Ct. 1731 (U.S. 2020)

. . . Manhart , 435 U.S. 702, 98 S.Ct. 1370, 55 L.Ed.2d 657 (1978), an employer required women to make larger . . . Manhart , 435 U.S. 702, 98 S.Ct. 1370, 55 L.Ed.2d 657 (1978) --buttress its decision, but those cases . . .

UNITED STATES FOREST SERVICE, v. COWPASTURE RIVER PRESERVATION ASSOCIATION LLC, v., 140 S. Ct. 1837 (U.S. 2020)

. . . L. 61-435, 36 Stat. 961, which provided for the acquisition of lands for inclusion in the National Forest . . .

SOUTH BAY UNITED PENTECOSTAL CHURCH, v. NEWSOM,, 140 S. Ct. 1613 (U.S. 2020)

. . . Paty , 435 U.S. 618, 639, 98 S.Ct. 1322, 55 L.Ed.2d 593 (1978) (Brennan, J., concurring in judgment). . . . Moriches Union Free School Dist. , 508 U.S. 384, 113 S.Ct. 2141, 124 L.Ed.2d 352 (1993) ; McDaniel , 435 . . .

UNITED STATES, v. SINENENG- SMITH, 140 S. Ct. 1575 (U.S. 2020)

. . . Stevens , 559 U.S. 460, 473, 130 S.Ct. 1577, 176 L.Ed.2d 435 (2010) (quoting Washington State Grange . . .

NEW YORK STATE RIFLE PISTOL ASSOCIATION, INC. v. CITY OF NEW YORK, NEW YORK,, 140 S. Ct. 1525 (U.S. 2020)

. . . Piphus , 435 U.S. 247, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978) ; Memphis Community School Dist. v. . . . Id ., at 308, n. 11, 106 S.Ct. 2537 (internal quotation marks omitted); see also Carey , 435 U.S. at . . . See Carey , 435 U.S. at 266, 98 S.Ct. 1042 ; D. Dobbs & C. . . . See Stachura , 477 U.S. at 306-307, 106 S.Ct. 2537 ; Carey , 435 U.S. at 260-264, 98 S.Ct. 1042 ; Dobbs . . .

ROMAG FASTENERS, INC. v. FOSSIL, INC., 140 S. Ct. 1492 (U.S. 2020)

. . . United States , 106 U.S. 432, 434-435, 1 S.Ct. 398, 27 L.Ed. 230 (1882) (common law trespass). . . .

RAMOS, v. LOUISIANA, 140 S. Ct. 1390 (U.S. 2020)

. . . New Jersey , 530 U.S. 466, 477, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) ; Southern Union Co. v. . . . Id. , at 345, 18 S.Ct. 620. 1 Annals of Cong. 435 (1789). . . . New Jersey , 530 U.S. 466, 477, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). . . . unanimity for conviction, of the right of challenge, and other accustomed requisites," 1 Annals of Cong. 435 . . . New Jersey , 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Blakely v. . . .

ARCHDIOCESE OF WASHINGTON v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY,, 140 S. Ct. 1198 (U.S. 2020)

. . . Lackawanna Transit System , 938 F.3d 424, 435-437 (C.A.3 2019) (noting disagreement with D. C. . . .

CITGO ASPHALT REFINING COMPANY, v. FRESCATI SHIPPING COMPANY, LTD., 140 S. Ct. 1081 (U.S. 2020)

. . . Tackett , 574 U.S. 427, 435, 135 S.Ct. 926, 190 L.Ed.2d 809 (2015) (quoting 11 R. . . . Tackett , 574 U.S. 427, 435, 135 S.Ct. 926, 190 L.Ed.2d 809 (2015) (quoting Stolt-Nielsen S. A. v. . . .

COMCAST CORPORATION, v. NATIONAL ASSOCIATION OF AFRICAN AMERICAN- OWNED MEDIA,, 140 S. Ct. 1009 (U.S. 2020)

. . . Manhart , 435 U.S. 702, 711, 98 S.Ct. 1370, 55 L.Ed.2d 657 (1978) ). . . .

GUERRERO- LASPRILLA, v. P. BARR, v. P., 140 S. Ct. 1062 (U.S. 2020)

. . . Ashcroft , 351 F.3d 435, 441-442 (CA9 2003) ("[O]ther courts have rejected the Government's argument . . .

MCKINNEY, v. ARIZONA, 140 S. Ct. 702 (U.S. 2020)

. . . New Jersey , 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), this Court carefully avoided any suggestion . . . New Jersey , 530 U.S. 466, 494, n. 19, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) ). . . .

SIH PARTNERS LLLP, v. COMMISSIONER OF INTERNAL REVENUE, 140 S. Ct. 854 (U.S. 2020)

. . . COMMISSIONER OF INTERNAL REVENUE No. 19-435 Supreme Court of the United States. . . .

PETER, v. NANTKWEST, INC., 140 S. Ct. 365 (U.S. 2019)

. . . Kappos , 566 U.S. at 435, 132 S.Ct. . 1690. . . .

C. ROTKISKE, v. KLEMM,, 140 S. Ct. 355 (U.S. 2019)

. . . United States , 247 U.S. 435, 38 S.Ct. 571, 62 L.Ed. 1200 (1918) ; Bailey v. . . . United States , 247 U.S. 435, 38 S.Ct. 571, 62 L.Ed. 1200 (1918), a company had unlawfully procured land . . .

NATIONAL REVIEW, INC. v. E. MANN v. E., 140 S. Ct. 344 (U.S. 2019)

. . . Stevens , 559 U.S. 460, 466, 130 S.Ct. 1577, 176 L.Ed.2d 435 (2010), the First Amendment claimant had . . .

ELHADY, v. H. KABLE,, 391 F. Supp. 3d 562 (E.D. Va. 2019)

. . . Gonzales , 435 F.3d 1125, 1137 (9th Cir. 2006) (plaintiff "does not possess a fundamental right to travel . . . Gilmore , 435 F.3d at 1137. . . .

UNITED STATES v. SWEARGIN,, 935 F.3d 1116 (10th Cir. 2019)

. . . Wolfe, 435 F.3d 1289, 1295 (10th Cir. 2006). A. . . .

FEDERAL TRADE COMMISSION, v. QUALCOMM INCORPORATED, a Oy,, 935 F.3d 752 (9th Cir. 2019)

. . . the public interest usually merge when the government is the opposing party, see Nken , 556 U.S. at 435 . . .

PEREZ- SANCHEZ, v. U. S. ATTORNEY GENERAL,, 935 F.3d 1148 (11th Cir. 2019)

. . . Shinseki, 562 U.S. 428, 435, 131 S. Ct. 1197, 1203, 179 L.Ed.2d 159 (2011). . . .

IN RE J. BARIBEAU,, 603 B.R. 797 (Bankr. W.D. Tex. 2019)

. . . P'ship. , 526 U.S. 434, 435, 119 S.Ct. 1411, 143 L.Ed.2d 607 (1999). . . .

DIVERSE POWER, INC. v. CITY OF LAGRANGE, GEORGIA,, 934 F.3d 1270 (11th Cir. 2019)

. . . Power & Light Co. , 435 U.S. 389, 412, 98 S. . . .

BURKE, v. REGALADO, v., 935 F.3d 960 (10th Cir. 2019)

. . . Gomez , 745 F.3d 405, 435 (10th Cir. 2014) (quotations omitted). . . . Estate of Booker , 745 F.3d at 435 (quotations omitted). . . . Furlong , 435 F.3d 1196, 1202 (10th Cir. 2006) (reviewing for abuse of discretion a court's ruling on . . .

UNITED STATES v. SHAYOTA, v., 934 F.3d 1049 (9th Cir. 2019)

. . . Stevens , 559 U.S. 460, 470, 130 S.Ct. 1577, 176 L.Ed.2d 435 (2010) ("The First Amendment's guarantee . . .

TURCO v. CITY OF ENGLEWOOD, NEW JERSEY,, 935 F.3d 155 (3rd Cir. 2019)

. . . Stevens , 559 U.S. 460, 485, 130 S.Ct. 1577, 176 L.Ed.2d 435 (2010) (emphasis in original). . . .

EAST BAY SANCTUARY COVENANT Al v. P. BARR, K. U. S. T. U. S. P. U. S. U. S., 934 F.3d 1026 (9th Cir. 2019)

. . . Holder , 556 U.S. 418, 435, 129 S.Ct. 1749, 173 L.Ed.2d 550 (2009) (stating that the likelihood of success . . .

UNITED STATES v. TURNER,, 934 F.3d 794 (8th Cir. 2019)

. . . Bostick, 501 U.S. 429, 435, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991) ). . . .

NEW YORK STATE CITIZENS COALITION FOR CHILDREN, v. J. POOLE,, 935 F.3d 56 (2nd Cir. 2019)

. . . Sims , 442 U.S. 415, 435, 99 S.Ct. 2371, 60 L.Ed.2d 994 (1979). . . .

MENAKER, v. HOFSTRA UNIVERSITY,, 935 F.3d 20 (2nd Cir. 2019)

. . . Vassar Coll. , 196 F.3d 435, 450 (2d Cir. 1999) (recognizing that "the impermissible bias of a single . . .

HAWKINS v. I- TV DIGITALIS TAVKOZLESI ZRT. f k a DMCC Rt. DIGI RCS RDS S. A. RCS S. A. DIGI N. V. v. i- TV f k a DMCC Rt. DIGI RCS RDS S. A. RCS S. A. DIGI N. V., 935 F.3d 211 (4th Cir. 2019)

. . . Curtiss , 7 U.S. (3 Cranch) 267, 2 L.Ed. 435 (1806). . . .

UNITED STATES v. GLENN,, 935 F.3d 313 (5th Cir. 2019)

. . . Whitley , 514 U.S. 419, 435, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995) ). . . .

LILLY, v. CITY OF NEW YORK NYPD No. NYPD No., 934 F.3d 222 (2nd Cir. 2019)

. . . Id. at 435-37, 103 S.Ct. 1933. 465 U.S. 886, 896-97, 104 S.Ct. 1541, 79 L.Ed.2d 891 (1984). . . .

IN RE NATIONAL FOOTBALL LEAGUE S SUNDAY TICKET ANTITRUST LITIGATION, Jr. v. LLC LLC NFL LLC LLC LP LLC LLC NFL LP LLC LP LLC LP Co. LLC LP LLC, 933 F.3d 1136 (9th Cir. 2019)

. . . United States , 435 U.S. 679, 692, 98 S.Ct. 1355, 55 L.Ed.2d 637 (1978). . . . See Nat'l Soc'y. of Prof'l Eng'rs , 435 U.S. at 692, 98 S.Ct. 1355. . . . NCAA , 468 U.S. at 103-04, 104 S.Ct. 2948 (quoting Nat'l Soc'y of Prof'l Eng'rs , 435 U.S. at 690, 98 . . . NCAA , 468 U.S. at 109, 104 S.Ct. 2948 (quoting Nat'l Soc'y of Prof'l Eng'rs , 435 U.S. at 692, 98 S.Ct . . .

J. MALOUF, v. SECURITIES AND EXCHANGE COMMISSION,, 933 F.3d 1248 (10th Cir. 2019)

. . . Shinseki , 562 U.S. 428, 435, 131 S.Ct. 1197, 179 L.Ed.2d 159 (2011) (explaining that claim-processing . . .

IN RE M. STERLING,, 933 F.3d 828 (7th Cir. 2019)

. . . Dep't of Veterans Affairs , 498 U.S. 89, 91, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990) ("Under our system . . .

M. RODEN, v. COMMISSIONER OF SOCIAL SECURITY,, 389 F. Supp. 3d 548 (S.D. Ohio 2019)

. . . Sec. , 480 F.3d 432, 435 (6th Cir. 2007). . . .

NATIONAL ASSOCIATION FOR GUN RIGHTS, INC. v. MANGAN, G. J., 933 F.3d 1102 (9th Cir. 2019)

. . . Bellotti , 435 U.S. 765, 791-92, 98 S.Ct. 1407, 55 L.Ed.2d 707 (1978) (footnote omitted). . . .

NAUMOVSKI, v. NORRIS, 934 F.3d 200 (2nd Cir. 2019)

. . . Vassar Coll ., 196 F.3d 435, 450 (2d Cir. 1999) (recognizing that "the impermissible bias of a single . . .

CLARK, v. WARDEN,, 934 F.3d 483 (6th Cir. 2019)

. . . Taylor , 529 U.S. 420, 437, 120 S.Ct. 1479, 146 L.Ed.2d 435 (2000). . . .

MARTIN, v. MARINEZ,, 934 F.3d 594 (7th Cir. 2019)

. . . Piphus , 435 U.S. 247, 254, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978) ; see also Memphis v. Cmty. Sch. . . . Carey , 435 U.S. at 253, 98 S.Ct. 1042. . . . Carey , 435 U.S. at 258, 98 S.Ct. 1042. . . . directive in Carey to tailor § 1983 liability to match the affected constitutional rights, see Carey , 435 . . . inconsistent with the rule in Carey that damages should be tailored to protect the right in question, 435 . . .

ODDO, v. BIMBO BAKERIES U. S. A. INC., 391 F. Supp. 3d 466 (E.D. Pa. 2019)

. . . Supp. 2d 435, 437 (D.N.J. 2001) ("It is well settled that '[a] separate cause of action for overtime . . . Performance Pressure Pumping Servs., No. 15-435, 2017 WL 1501436, at *8 (W.D. Tex. . . .

COEUR D ALENE TRIBE, a v. W. HAWKS A., 933 F.3d 1052 (9th Cir. 2019)

. . . Wheeler , 435 U.S. 313, 322, 98 S.Ct. 1079, 55 L.Ed.2d 303 (1978) (emphasis omitted) (quoting Felix Cohen . . .

G. BEASLEY v. WARREN UNILUBE, INC., 933 F.3d 932 (8th Cir. 2019)

. . . City of Des Moines , 435 F.3d 904, 908 (8th Cir. 2006) ("Without some guidance, we will not mine a summary . . .

REYES, v. FISCHER, J. X., 934 F.3d 97 (2nd Cir. 2019)

. . . Piphus , 435 U.S. 247, 266, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978). . . . See Carey , 435 U.S. at 266, 98 S.Ct. 1042. . . . See Carey , 435 U.S. at 266, 98 S.Ct. 1042. . . .

UNITED STATES v. M. SWARTZ,, 391 F. Supp. 3d 199 (N.D.N.Y. 2019)

. . . Supp. 3d 428, 435 (S.D.N.Y. 2019). . . .

PILLAR DYNASTY LLC, v. NEW YORK COMPANY, INC., 933 F.3d 202 (2nd Cir. 2019)

. . . Revlon, Inc. , 435 F.2d 656, 662 (2d Cir. 1970), and deserving plaintiffs may find it challenging and . . .

MARKS JLF, a GWF, a GJH, a GJR, v. HUDSON, 933 F.3d 481 (5th Cir. 2019)

. . . Dep't of Protective & Regulatory Servs. , 537 F.3d 404, 435 (5th Cir. 2008). . . . Gates , 537 F.3d at 435. . . .

UNITED STATES v. DURAN,, 934 F.3d 407 (5th Cir. 2019)

. . . Cavitt , 550 F.3d 430, 435 (5th Cir. 2008). . . .

UNITED STATES v. BRENNAN,, 389 F. Supp. 3d 206 (W.D.N.Y. 2019)

. . . Indiana , 406 U.S. 715, 738, 92 S.Ct. 1845, 32 L.Ed.2d 435 (1972) (footnote omitted). . . .

C. CHILDRESS, ALDA St. HLAA- StL A v. FOX ASSOCIATES, LLC, C. CHILDRESS, ALDA St. HLAA- StL A v. LLC,, 932 F.3d 1165 (8th Cir. 2019)

. . . See id. at 435-36, 103 S.Ct. 1933 (finding that courts can reduce a fee award to account for unsuccessful . . .

O NEAL, v. BALCARCEL,, 933 F.3d 618 (6th Cir. 2019)

. . . Id. at 435, 115 S.Ct. 992. . . .

ALBANY AIRPORT HIE, LLC HIE LLC, v. HANOVER INSURANCE GROUP, INC., 391 F. Supp. 3d 193 (N.D.N.Y. 2019)

. . . Supp. 2d 432, 435 (S.D.N.Y. 2009) (quoting Terwilliger v. . . . Supp. 2d at 435 ; see also Law Debenture Tr. Co. of N.Y. v. . . .

HAIDAK, v. UNIVERSITY OF MASSACHUSETTS- AMHERST, 933 F.3d 56 (1st Cir. 2019)

. . . Piphus, 435 U.S. 247, 266, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978) ; see also Farrar v. . . .

IN RE GOOGLE INC. COOKIE PLACEMENT CONSUMER PRIVACY LITIGATION H., 934 F.3d 316 (3rd Cir. 2019)

. . . See In re Nat'l Football League Players Concussion Injury Litig. , 821 F.3d 410, 435 (3d Cir. 2016) ; . . . NFL Concussion Litig. , 821 F.3d at 435 (noting that class action notice must comply with due process . . .

KODIAK OIL GAS USA INC. HRC LLC v. BURR S. EOG S., 932 F.3d 1125 (8th Cir. 2019)

. . . Wheeler , 435 U.S. 313, 326, 98 S.Ct. 1079, 55 L.Ed.2d 303 (1978) ). . . . Suquamish Indian Tribe , 435 U.S. 191, 209, 98 S.Ct. 1011, 55 L.Ed.2d 209 (1978) ). . . .

GONZALEZ- DE LEON, v. P. BARR,, 932 F.3d 489 (6th Cir. 2019)

. . . Holder , 557 F.3d 429, 435 (6th Cir. 2009) (citations and internal quotation marks omitted). B. . . .

UNITED STATES v. PRADO,, 933 F.3d 121 (2nd Cir. 2019)

. . . 'clear' indication that Congress wanted the rule to be 'jurisdictional.' " Henderson , 562 U.S. at 435 . . . Shinseki , 562 U.S. 428, 435-36, 131 S.Ct. 1197, 179 L.Ed.2d 159 (2011) ("[W]e look to see if there is . . .

CANT v. M. MOODY S. S., 933 F.3d 414 (5th Cir. 2019)

. . . Mallis , 435 U.S. 381, 384, 98 S.Ct. 1117, 55 L.Ed.2d 357 (1978) ; see also Fed. R. App. . . .

L. PAGE, v. KING,, 932 F.3d 898 (9th Cir. 2019)

. . . Garden State Bar Ass'n , 457 U.S. 423, 435, 102 S.Ct. 2515, 73 L.Ed.2d 116 (1982) ). . . . MacDonald , 435 U.S. 850, 858, 98 S.Ct. 1547, 56 L.Ed.2d 18 (1978) (holding that the "most serious" interest . . .

NHI REIT OF TX- IL, LLC, v. LASALLE GROUP, INC. TLG LLC REIT LLC REIT LLC REIT LLC REIT LLC REIT LLC,, 387 F. Supp. 3d 850 (M.D. Tenn. 2019)

. . . Lerner, 435 B.R. 732, 737 (S.D. . . .

JONES, v. A. BERRYHILL,, 392 F. Supp. 3d 831 (M.D. Tenn. 2019)

. . . Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985), reh'g denied , 474 U.S. 1111, 106 S.Ct. 899, . . .

D. LEISER, v. KLOTH,, 933 F.3d 696 (7th Cir. 2019)

. . . Peterman , 604 F.3d 435, 440 (7th Cir. 2010) ("As a practical matter, it would be unwise to require more . . .

MORENO- MARTINEZ, v. P. BARR,, 932 F.3d 461 (6th Cir. 2019)

. . . Holder , 557 F.3d 429, 435 (6th Cir. 2009) ). . . .

BRAKEBILL v. JAEGER,, 932 F.3d 671 (8th Cir. 2019)

. . . Ct. 2443, 2451, 192 L.Ed.2d 435 (2015) ("The proper focus of the constitutional inquiry is the group . . .

UNITED STATES v. FELDMAN,, 931 F.3d 1245 (11th Cir. 2019)

. . . caused by a fraudulent misrepresentation ... as to a material fact." 1 Page on Contracts § 281, at 435 . . .

UNITED STATES v. HENNESSEE,, 932 F.3d 437 (6th Cir. 2019)

. . . New Jersey , 530 U.S. 466, 487-90, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) ; Almendarez-Torres v. . . .

OWENS, v. PARRIS,, 932 F.3d 456 (6th Cir. 2019)

. . . New Jersey , 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), where the Court held that, "[ . . . McAninch , 513 U.S. 432, 435, 115 S.Ct. 992, 130 L.Ed.2d 947 (1995). . . .

TIAN v. P. BARR,, 932 F.3d 664 (8th Cir. 2019)

. . . Gonzales , 435 F.3d 800, 807 (7th Cir. 2006) ). . . .

IN RE GREER- ALLEN, v., 602 B.R. 831 (Bankr. Mass. 2019)

. . . (In re Bronsdon) , 435 B.R. 791, 796 (1st Cir. BAP 2010). . . .

JOHNSON O v. DUXBURY, MASSACHUSETTS, 931 F.3d 102 (1st Cir. 2019)

. . . Miller, 425 U.S. 435, 96 S.Ct. 1619, 48 L.Ed.2d 71 (1976), where it held that a customer can "assert . . .

CRYSTALLEX INTERNATIONAL CORPORATION v. BOLIVARIAN REPUBLIC OF VENEZUELA De S. A. D. C. In De S. A., 932 F.3d 126 (3rd Cir. 2019)

. . . Supp. 2d 429, 435 (D.D.C. 2012), aff'd 735 F.3d 934 (D.C. Cir. 2013). . . .

UNITED STATES v. DEL CARPIO FRESCAS,, 932 F.3d 324 (5th Cir. 2019)

. . . New Jersey , 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). . . .

NOVAK, v. CITY OF PARMA, 932 F.3d 421 (6th Cir. 2019)

. . . Stevens , 559 U.S. 460, 468, 130 S.Ct. 1577, 176 L.Ed.2d 435 (2010) (internal quotation marks omitted . . .

IN RE SCHATZ, v., 602 B.R. 411 (B.A.P. 1st Cir. 2019)

. . . (In re Bronsdon), 435 B.R. 791, 796 (1st Cir. BAP 2010) (citing Educ. Credit Mgmt. Corp. v. . . . (citations omitted); see also In re Bronsdon, 435 B.R. at 796 (stating "a bankruptcy court's undue hardship . . . In re Bronsdon, 435 B.R. at 796. . . . See, e.g., In re Bronsdon, 435 B.R. at 798 ; Lorenz v. Am. Educ. Servs. . . . See, e.g., In re Bronsdon, 435 B.R. at 798 ; Kopf v. U.S. Dep't of Educ. . . .

HUNT, WAL- MART STORES, INC., 931 F.3d 624 (7th Cir. 2019)

. . . City of Waukegan , 379 F.3d 430, 435 (7th Cir. 2004) ("An employer cannot be considered to have knowledge . . .

CALZONE, v. T. OLSON,, 931 F.3d 722 (8th Cir. 2019)

. . . Ct. 2443, 2454, 192 L.Ed.2d 435 (2015), the property owner has a reduced expectation of privacy, and . . .

JUSTICE NETWORK INC. v. CRAIGHEAD COUNTY In s, 931 F.3d 753 (8th Cir. 2019)

. . . Sparkman , 435 U.S. 349, 362, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978). . . . in excess of his authority.' " Id. at 12-13, 112 S.Ct. 286 (ellipsis in original) (quoting Stump , 435 . . . nature' and 'function' of the act, not the 'act itself.' " Id. at 13, 112 S.Ct. 286 (quoting Stump , 435 . . . issue is the immunity of a judge.' " Schottel , 687 F.3d at 373 (ellipsis in original) (quoting Stump , 435 . . .

UNITED STATES v. D. WISEMAN, Jr., 932 F.3d 411 (6th Cir. 2019)

. . . Id. at 113, 222 (Page ID #435, 544). The handgun was black and stainless steel. . . .

UNITED STATES v. BONIN,, 932 F.3d 523 (7th Cir. 2019)

. . . Stevens , 559 U.S. 460, 472, 130 S.Ct. 1577, 176 L.Ed.2d 435 (2010) (internal quotations and citations . . .

IN RE HOME DEPOT INC. O v. U. S. A., 931 F.3d 1065 (11th Cir. 2019)

. . . See Hensley , 461 U.S. at 433, 435, 103 S.Ct. 1933 ("A plaintiff must be a 'prevailing party' to recover . . . and soliciting potential plaintiffs should not have been included in the time billed." 168 F.3d at 435 . . .

PLANNED PARENTHOOD SOUTHWEST OHIO REGION v. DEWINE, 931 F.3d 530 (6th Cir. 2019)

. . . Hensley , 461 U.S. at 435, 103 S.Ct. 1933. . . .

PEERLESS INSURANCE COMPANY, v. TECHNOLOGY INSURANCE COMPANY, INC., 392 F. Supp. 3d 313 (E.D.N.Y. 2019)

. . . Co., 98 N.Y.2d 435, 443, 749 N.Y.S.2d 456, 459, 779 N.E.2d 167 (2002) ; see Fitzpatrick v. . . .

MOODY, v. UNITED STATES,, 931 F.3d 1136 (Fed. Cir. 2019)

. . . Dep't of Veterans Affairs , 498 U.S. 89, 96, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990) ("We have allowed . . .

STATE BY AND THROUGH TENNESSEE GENERAL ASSEMBLY, v. UNITED STATES DEPARTMENT OF STATE,, 931 F.3d 499 (6th Cir. 2019)

. . . Coleman , 307 U.S. at 435-36, 59 S.Ct. 972. . . . Miller , 307 U.S. 433, 435, 59 S.Ct. 972, 83 L.Ed. 1385 (1939). . . . Coleman , 307 U.S. at 435, 59 S.Ct. 972. . . .

EAST BAY SANCTUARY COVENANT, v. BARR,, 385 F. Supp. 3d 922 (N.D. Cal. 2019)

. . . Nat'l Sea Clammers Ass'n , 453 U.S. 1, 13, 101 S.Ct. 2615, 69 L.Ed.2d 435 (1981) ). . . .

W. EATON, v. PACHECO,, 931 F.3d 1009 (10th Cir. 2019)

. . . Taylor , 529 U.S. 420, 436, 120 S.Ct. 1479, 146 L.Ed.2d 435 (2000) ; see also Robert D. . . .

UNITED STATES v. LINDSAY,, 931 F.3d 852 (9th Cir. 2019)

. . . Clark , 435 F.3d 1100, 1102 (9th Cir. 2006). . . . Clark , 435 F.3d at 1112-13. . . . Clark , 435 F.3d at 1114 (citing Gonzales v. . . . See Clark , 435 F.3d at 1114 (quoting Gibbons , 22 U.S. at 193 ). . . . See Clark , 435 F.3d at 1114. . . .

UNITED STATES v. A. GOODRIDGE,, 392 F. Supp. 3d 159 (D. Mass. 2019)

. . . Mastera , 435 F.3d 56, 59-60 (1st Cir. 2006) ("Whether two crimes occurred on separate occasions within . . .

UNITED STATES v. MIXON,, 930 F.3d 1107 (9th Cir. 2019)

. . . Monson , 636 F.3d 435, 439-40 (8th Cir. 2011). . . .

UNITED STATES v. MCKOWN,, 930 F.3d 721 (5th Cir. 2019)

. . . Indiana , 406 U.S. 715, 731-33, 92 S.Ct. 1845, 32 L.Ed.2d 435 (1972) ; Magassouba , 544 F.3d at 403. . . .

BRAEBURN INC. v. UNITED STATES FOOD AND DRUG ADMINISTRATION,, 389 F. Supp. 3d 1 (D.D.C. 2019)

. . . AR 435 (sealed). . . .

CRUTSINGER, v. DAVIS,, 930 F.3d 705 (5th Cir. 2019)

. . . Id . at 435, 129 S.Ct. 1749. . . .

ANDERSON v. GHALY,, 930 F.3d 1066 (9th Cir. 2019)

. . . Nat'l Sea Clammers Ass'n , 453 U.S. 1, 20, 101 S.Ct. 2615, 69 L.Ed.2d 435 (1981). . . .