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EXEMPTIONS FROM DISQUALIFICATION OF EMPLOYMENT

Florida Agency for Health Care and Administration
Department of Business & professional Regulation
Florida Department of Children and Families

These Florida Departments allow employment EXEMPTIONS under very specific Statutes. Persons who have been disqualified from Occupational Employment may be granted an exemption from disqualification

Florida Agency for Health Care and Administration

AHCA – Application for Exemption from Disqualification:

In accordance with section 435.07, Florida Statutes, persons disqualified from employment may be granted an exemption from disqualification.

APD – Application for Exemption from Disqualification:

Pursuant to Section 435.07(3), Florida Statutes, you must demonstrate by clear and convincing evidence that should receive an exemption and not be disqualified from seeking certain employment opportunities. 

Florida Board of Nursing – Application for Exemption from Disqualification 

Chapter 435.07(3),F.S states, “…the employee must demonstrate by clear and convincing evidence that the employee should not be disqualified from employment. 

If you do not have a license you must apply for an exemption with the Agency for HealthCare Administration.

Florida Health

Florida Department of Health – Application for Exemption from Disqualification 

Chapter 435.07(3),F.S states, “…the employee must demonstrate by clear and convincing evidence that the employee should not be disqualified from employment. 

If you do not have a license you must apply for an exemption with the Agency for HealthCare Administration.


Florida Department of Children and Families

Florida Department of Children and Family Services – Application for Exemption from Disqualification. Pursuant to Section 435.07(3), Florida Statutes, you must demonstrate by clear and convincing evidence that should receive an exemption and not be disqualified from seeking certain employment opportunities

Division of Vocational Rehabilitation – Application for Exemption from Disqualification. A person may be eligible for an exemption from disqualification under section 413.208

What are considerations when granting exemptions. 

  1. Circumstances surrounding the criminal incident 
  2. Time period that has elapsed since the incident
  3. Nature of the harm caused to the victim/property
  4. Applicants history since the incident 
  5. Evidence that applicant will not present a danger if employed.

The EXEMPTION if granted is a path to Employment. 

Your EXEMPTION process must document clear and convincing evidence that an exemption from disqualification should be granted. 

Each State Background Screening Agency will review the application and make a decision for Exemptions for:

1. Three years or more have passed since I have been released from prison, parole or

other criminal-related supervision that had been court ordered for a disqualifying

felony criminal offense.

2.  I am not under any type of criminal-related supervision that has been court-ordered

due to a disqualifying misdemeanor criminal offense.

3.  Any and all outstanding court-ordered costs or fees associated with my criminal

history have been paid in full and I do not owe restitution, public defender or other court

Costs.

4.  I am not designated as a sexual predator, sexual offender, or career offender.

We assist you in preparation of The EXEMPTION application by:

We give many great examples for guidance – and we Notarize. 

Each state background screening unit will decide on the EXEMPTION within 30 days.

Unfortunately, reciprocity between state background screening units is not guaranteed, only considered.