Bowen v. Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Bowen v. Department of Health & Rehabilitative Services

486 So. 2d 48, 11 Fla. L. Weekly 788, 1986 Fla. App. LEXIS 7127

CourtDistrict Court of Appeal of Florida

DecidedApril 3, 1986

DocketNo. 85-658

StatusPublished

This text of 486 So. 2d 48 (Bowen v. Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bowen v. Department of Health & Rehabilitative Services, 486 So. 2d 48, 11 Fla. L. Weekly 788, 1986 Fla. App. LEXIS 7127 (Fla. Ct. App. 1986).

Pincite

Opinion

COBB, Chief Judge.

Under section 402.305(1)(a), Florida Statutes (1985), the legislature provided for minimum screening standards in child care facilities that preclude from employment any personnel who previously committed certain enumerated crimes, whether in Florida or elsewhere. This section provides that H.R.S. may grant an exemption from disqualification for rehabilitated mis-demeanants, implicitly denying to felons the opportunity for employment based upon a showing of rehabilitation. The issue presented for appeal in this case is whether this classification (between felons [49]*49and misdemeanants) is arbitrary and unreasonable, and thus violative of due process. We conclude that it is not.

AFFIRMED.

ORFINGER and SHARP, JJ., concur.

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COBB, Chief Judge.

Under section 402.305(1)(a), Florida Statutes (1985), the legislature provided for minimum screening standards in child care facilities that preclude from employment any personnel who previously committed certain enumerated crimes, whether in Florida or elsewhere. This section provides that H.R.S. may grant an exemption from disqualification for rehabilitated mis-demeanants, implicitly denying to felons the opportunity for employment based upon a showing of rehabilitation. The issue presented for appeal in this case is whether this classification (between felons [49]*49and misdemeanants) is arbitrary and unreasonable, and thus violative of due process. We conclude that it is not.

AFFIRMED.

ORFINGER and SHARP, JJ., concur.

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Bluebook (online)

486 So. 2d 48, 11 Fla. L. Weekly 788, 1986 Fla. App. LEXIS 7127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowen-v-department-of-health-rehabilitative-services-fladistctapp-1986.