Licensees employed or seeking employment with a health care facility, licensed by the Agency for Health Care Administration, who have been found guilty, regardless of adjudication, or entered a plea of guilty or nolo contendere to any of the criminal offenses listed in Sections 435.03(2), 435.04(2), and 408.809, Florida Statutes, must apply for an exemption through the Department of Health.
Please note:
The Florida Department of Health can only issue exemptions to individuals licensed with our agency. If you are not licensed with the Florida Department of Health, please see the information listed under the section titled “Agency for Health Care Administration (AHCA)”
A Livescan Level II background screening must be completed prior to receiving an exemption. For information on obtaining Livescan background screenings, please click on the Locate A Provider tab.
If you have completed a Livescan Level II background screening, with the Agency for Health Care Administration, within the last three (3) months, you may not be required to be rescreened. Please see the Exemption Application for additional information.
AHCA reviews applications and makes decisions for Exemptions for unlicensed personnel working for a health care provider (i.e. facility owner, administrator or chief financial officer, staff person that is uncertified or unlicensed).
In accordance with section 435.07, Florida Statutes, persons disqualified from employment may be granted an exemption from disqualification. The granting of an exemption does not change an individual’s criminal history. It only provides eligibility for employment in a health care setting. An individual seeking an exemption must demonstrate by clear and convincing evidence that an exemption from disqualification should be granted. The application will be reviewed and a decision made once all relevant documentation has been received.
A person is not eligible to apply for an Exemption from Disqualification until:
- Persons designated as sexual predators, sexual offenders or career offenders are not eligible for an Exemption from Disqualification.
- The applicant for the exemption has completed or been lawfully released from confinement, supervision or nonmonetary condition imposed by the court for all misdemeanors prohibited under any of the statutes cited in this chapter or under similar statutes of other jurisdictions.
- At least 2 years have elapsed since the applicant for exemption has completed or been lawfully released from confinement, supervision or nonmonetary condition imposed by the court for all disqualifying felonies.
- The applicant has paid the court-ordered amount in full for any fee, fine, fund, lien, civil judgment, application, cost of prosecution, trust or restitution as part of the judgment and sentence for any disqualifying felony or misdemeanor.
You must hold a valid, active license to be eligible for an exemption.
If you do not have a license you must apply for an exemption with the Agency for Health Care Administration.
An exemption cannot be issued to any person who is a:
- Sexual predator as designated pursuant to s. 775.21;
- Career offender pursuant to s. 775.261; or
- Sexual offender pursuant to s. 943.0435, unless the requirement to register as a sexual offender has been removed pursuant to s. 943.04354
If you have not previously reported these offenses to the Board your file will be forwarded to our Consumer Service office and your exemption application may be placed on hold. All investigations are confidential and staff will not be able to provide you with any further information until you are contacted by an investigator. If you need to report the offense, submit a detailed letter regarding the offense(s) or complete a complaint form with the Consumer Services Unit and mail to: 4050 Cypress Way, Bin C-75, Tallahassee, FL 32399.
Please make copies of all documents for your records.
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. Employees seeking an exemption have the burden of setting forth sufficient 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 continued employment is allowed…”.
All licensees with an offense listed in chapter 408.809 Florida Statutes must also apply for an exemption.
If you have a Felony Disqualifying Offense, and you have not completed or been lawfully released from confinement, supervision, or non-monetary conditions imposed by the court for the disqualifying felony in the last 2 years, you will not qualify for an exemption. All disqualifying offenses (felonies and misdemeanors) that have adjudication withheld will be handled the same as a conviction for the purposes of this exemption request.
In order to qualify for an exemption, you must have paid any amount for any fee, fine, fund, lien, civil judgment, application, cost of prosecution, trust, or restitution as part of the judgement and sentence for any disqualifying felony or misdemeanor in full.
All requested information must be submitted before a determination can be made. The appropriate Board within the Department of Health will make notification when a decision related to the request is made.
