AHCA Letter for an Arrest for a “Disqualifying Offense”

If you recently received a formal notice from the Background Screening Unit of the Agency for Health Care Administration (AHCA) stating that you are “Not Eligible” for employment or that you have a “Disqualifying Offense Awaiting Final Disposition,” it means your ability to continue in your chosen profession is in jeopardy.

Many nurses, certified nursing assistants (CNAs), doctors, and medical administrators are shocked to receive this letter—even if they were only arrested for a misdemeanor domestic violence battery and have not been formally charged or convicted. Although domestic violence battery might be the most common disqualifying offenses, there are a long list of such offenses in Section 408.809 and Section 435.04.

The background screening unit of the following agencies might send such a letter after an arrest for a disqualifying offense:

• Agency for Healthcare Administration
• Department of Health
• Agency for Persons with Disabilities
• Department of Elder Affairs
• Department of Financial Services
• Department of Children and Family Services

Those health care professionals need an experienced criminal defense attorney to fight the underlying case for the absolute best possible resolution. That person also needs an attorney experienced in helping health care professionals avoid a plea for a “disqualifying offense” and deal with the consequences of the investigation by Florida’s Agency for Health Care Administration.

Attorneys for Health Care Professionals Arrested for Disqualifying Offenses

At Sammis Law Firm, we represent healthcare professionals facing domestic violence allegations throughout the Tampa Bay area, including Hillsborough, Pinellas, Pasco, Polk, and Orange Counties. We understand the intersection of Florida criminal law and administrative healthcare regulations.

In this article we down exactly why a health care professional might receive this letter from the Agency for Health Care Administration (AHCA), who it impacts, and why entering a standard plea could permanently end your career.

For more information, call Sammis Law Firm to schedule a free and confidential initial consultation to discuss the charge pending against you, the consequences, and how to fight the case for the best outcome.

Call 813-250-0500.

Why Did I Get an AHCA Letter for a Misdemeanor Domestic Violence Arrest?

The most common question we hear from clients is: “Why am I disqualified? I looked at Florida Statute Section 408.809 and Section 435.04, and misdemeanor battery against an adult isn’t on the list!” While it is true that standard misdemeanor battery (§ 784.03) is only a disqualifying offense if the victim was a minor, Domestic Violence operates under entirely different rules.

The Subsection (3) “Catch-All” Trigger

Under Florida Statute Section 435.04(3), the law creates a strict, blanket disqualifier that completely bypasses the standard list of specific felony sections. It mandates that no person may pass a Level 2 background screening if they have been found guilty of, pled to, or are currently awaiting final disposition for any offense that constitutes domestic violence as defined in Section 741.28.

Because your arrest was flagged by law enforcement with a domestic violence modifier (such as a strike, push, or intentional touch against a spouse, family member, or cohabitant), the Care Provider Background Screening Clearinghouse automatically triggered a “Not Eligible” status the moment your fingerprints hit the system.

“No Formal Charges Filed Yet”—Why is it Already Showing?

The Agency for Health Care Administration (AHCA) does not wait for the State Attorney’s Office to file formal charges, nor do they wait for a conviction. The statute explicitly covers any disqualifying offense “awaiting a final disposition.” An open arrest with no paperwork filed yet by the prosecutor is considered a pending, open disposition, forcing AHCA to immediately suspend your eligibility.

What Healthcare Professions and Facilities are Governed by AHCA?

The Florida’s Agency for Health Care Administration (AHCA) licenses and regulates healthcare facilities, meaning that anyone who works in, owns, operates, or has direct patient access within an AHCA-licensed entity must clear this background check.

The Professions and Employees Affected include:

• Licensed Clinicians: Physicians (MD / DO), Registered Nurses (RN), Licensed Practical Nurses (LPN), Advanced Practice Registered Nurses (APRN), and Certified Nursing Assistants (CNAs).
• Therapists & Specialists: Physical Therapists (PT), Occupational Therapists (OT), Respiratory Therapists, and Speech-Language Pathologists.
• Facility Staff: Home health aides, medical assistants, phlebotomists, and administrative or clerical staff with direct patient access.
• Operations & Support: Kitchen, janitorial, and maintenance staff working within residential or inpatient facilities.

Affected AHCA-Licensed Entities Include:

• Hospitals and Ambulatory Surgical Centers
• Nursing Homes and Assisted Living Facilities (ALFs)
• Home Health Agencies and Hospice Providers
• Healthcare Clinics (licensed under Chapter 408, Part II)
• Intermediate Care Facilities for the Developmentally Disabled (ICF/DD)
• Any entity or individual practitioner enrolled as a Florida Medicaid Provider

Complete List of Disqualifying Level 2 Screening Offenses

In addition to any act of domestic violence under § 741.28, AHCA screens for a wide array of state law violations under Section 435.04(2) and Section 408.809(4). The criminal offenses found in section 435.04, F.S., that constitute a disqualifying offense include:

• Domestic Violence
  • Any offense that constitutes domestic violence as defined in s. 741.28, whether such act was committed in this state or in another jurisdiction.
• Violent Crimes
  • (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 quick 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.
  • (uu) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.
• Abuse, Neglect, or Exploitation
  • (c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.
  • (ee) Section 825.102, relating to abuse, aggravated abuse, or neglect 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.
• Other Crimes Involving Children
  • (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.
  • (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.
• Weapon Offenses
  • (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.
• Property Crimes
  • (y) Section 806.01, relating to arson.
  • (z) Section 810.02, relating to burglary.
  • (cc) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.
• Voyeurism
  • (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.
• Sexual motivated crimes:
  • (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.
  • (n) Section 787.025, relating to luring or enticing a child.
  • (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.
  • (ff) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.
  • (hh) Section 826.04, relating to incest.
  • (tt) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.
  • (ll) Section 827.071, relating to sexual performance by a child.
  • (yy) Section 985.701, relating to sexual misconduct in juvenile justice programs.
• Drug Crimes
  • (dd) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.
  • (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.
• Crimes Involving Law Enforcement, Detention or Escape
  • (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.
  • (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.
  • (zz) Section 985.711, relating to contraband introduced into detention facilities.
• Obscene Materials
  • (qq) Chapter 847, relating to obscene literature.
• Gang Crimes
  • (rr) Section 874.05(1), relating to encouraging or recruiting another to join a criminal gang.
• Misc
  • (d) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.

The Ultimate Career Danger: Why a “Withhold of Adjudication” Will Not Save You

For a non-healthcare worker, a defense attorney might negotiate a plea deal involving a “Withhold of Adjudication.” In standard criminal courts, a withhold means you are not formally convicted of the crime, allowing you to avoid certain civil penalties.

In the healthcare industry, a Withhold of Adjudication is structurally identical to a Conviction. Florida Statute § 435.04 explicitly states that you are disqualified if you have been found guilty, “regardless of adjudication,” or entered a plea of nolo contendere (no contest) or guilty.

If you accept a plea deal of probation or a fine with a withhold of adjudication for domestic violence battery: Your criminal record might show no formal conviction. AHCA will immediately code your status as PERMANENTLY DISQUALIFIED.

You will be fired from your position and barred from entering any AHCA facility or billing Medicaid.

Can I Apply for an Exemption from Disqualification?

While Florida law allows individuals to apply for an “Exemption from Disqualification,” you are not eligible to even apply for an exemption for a domestic violence offense until at least 2 years have passed after you have completed all terms of your sentence, probation, or sanctions. For a healthcare provider, a 2-year forced extraction from the workforce is career-ending.

Read more about how an attorney can help you apply to Florida’s AHCA for a Disqualification Exemption.

How Sammis Law Firm Protects Your Freedom and Your License

If you are a healthcare professional arrested for domestic violence battery in Florida, you cannot afford to treat your criminal case as a simple misdemeanor. Every decision made in the early stages of your criminal defense directly impacts your professional survival.

At Sammis Law Firm, we provide a unified defense strategy:

• Fighting the Underlying Criminal Charge: We immediately interface with local law enforcement and the State Attorney’s Office (in Hillsborough, Pinellas, Pasco, Polk, or Orange Counties) to aggressively pursue a No Formal Charges Filed (NFAC) decision, a dismissal, or entry into a specialized diversion program that results in a complete nolle prosequi (drop).
• Navigating the AHCA Clearinghouse: We assist you in understanding the precise steps required to clear your name with the Background Screening Unit. Once a favorable final court disposition is secured, we help compile and submit the required documentation to update your Clearinghouse status from “Not Eligible” back to “Eligible.”
• Preventing Career-Ending Decisions: We ensure that you never accept a plea or resolution that inadvertently triggers an irreversible, permanent administrative disqualification.

Do not rely on generic criminal defense advice that doesn’t account for your professional license. Contact an experienced attorney at Sammis Law Firm today to discuss your pending case and your AHCA background screening notice.

Call us at (813) 250-0500 or contact our Tampa office online to schedule your consultation.

This article was last updated on Tuesday, May 5, 2026.