Agency for Health Care Administration

Attention: The changes on Senate Bill CS/SB 1992 submitted by Children, Families, and Elder Affairs on 03/10/11 were vetoed by Governor on 06/23/2011. This law is not effective, and the summary of proposed but failed to be accepted changes are posted for your personal consideration.

 

THE FLORIDA SENATE
Committee on Children, Families, and Elder Affairs

The bill makes a number of changes to background screening requirements, primarily pertaining to individuals who work with Florida’s vulnerable populations. Those changes include:

 

  • Exempting from fingerprinting and screening requirements, mental health personnel working in a facility licensed under ch. 395, F.S., who work on an intermittent basis for less than 15 hours a week of direct, face-to-face contact with patients, except that individuals working in a mental health facility where the primary purpose is the mental health treatment of minors must be fingerprinted and meet screening requirements;
  • Revising the list of professionals to include law enforcement officers so that officers are not required to be refingerprinted or rescreened if they are working or volunteering in a capacity that would otherwise require them to be screened;
  • Exempting, from the definition of “direct service provider;” individuals who are related to the client, the client’s spouse, and volunteers who assist on an intermittent basis for less than 20 hours of direct, face-to-face contact with a client per month;
  • Exempting, from any additional Level 2 background screening requirements, an individual who was background screened pursuant to an Agency for Health Care Administration (AHCA) licensure requirement if they are providing a service within the scope of their licensed practice;
  • Allowing the Department of Elderly Affairs (DOEA) to adopt rules to implement a schedule to phase in the background screening of individuals serving as direct service providers on July 31, 2010. The phase in must be completed by July 1, 2012;
  • Specifying that employers of direct service providers previously qualified for employment or volunteer work under Level 1 screening standards, and individuals required to be screened according to the Level 2 screening standards, shall be rescreened every five years, except in cases where fingerprints are electronically retained and monitored by the Department of Law Enforcement (FDLE);
  • Removing a provision relating to criminal offenses that was inadvertently applied to theDOEA;
  • Requiring fingerprint vendors to meet certain technology requirements;
  • Establishing a July 1, 2013, date for retention of prints for persons screened under ch. 435, F.S.;
  • Allowing an employer to hire an employee for the purpose of training and orientation before the employee completes the screening process.  The employee may not have direct contact with vulnerable persons until the screening process is complete;
  • Providing personnel of a qualified entity, as defined in ch. 943, F.S., with the ability toapply for an exemption from disqualification from being employed;
  • Establishing a rescreening schedule for individuals required by the AHCA to be screened;
  • Requiring the Board of Nursing to waive background screening requirements for certain certified nursing assistants; and
  • Requiring the Department of Children and Family Services, the Department of Juvenile Justice, the AHCA, the DOEA, the Department of Health, the Agency for Persons with Disabilities, and the Department of Law Enforcement to establish a statewide background screening workgroup, providing duties of the workgroup, and requiring a report to the Legislature by November 1, 2011.

 

If approved by the Governor, these provisions would have take effect on July 1, 2011. (Never Happened)

For a full text of the failed to pass bill CS/SB 1992, please visit http://www.flsenate.gov/Session/Bill/2011/1992/BillText/er/PDF.

With any inquiries regarding level 2 background screening or live scan fingerprinting in South Florida, please contact IDENTICO LLC (FDLE approved live scan vendor) today. You may call us at (954) 239-8590 or (888) 988-8969. For more information please visit our official webpage www.myidentico.com or visit our location at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021

 

Sincrely,

The team of IDENTICO LLC.

DEPARTMENT OF ELDER AFFAIRS


Emergency Rule No.: RULE TITLE 58ER10-2: Background Screening Requirements.

 

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

 

The Florida Legislature passed Chapter 2010-114, Laws of Florida (L.O.F.), during the 2010 legislative session. This new law requires that effective August 1, 2010, all individuals seeking employment or volunteerism, which will require direct contact with individuals receiving services under the jurisdiction of the DOEA, must undergo a Level 2 background screening prior to employment or volunteerism. The Department is publishing this emergency rule to protect the health, safety and welfare of its recipients, thus eliminating the threat of immediate danger by reducing the potential for physical, mental or sexual abuse, or financial exploitation.

 

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: This emergency rule establishes criteria for complying with Level 2 background screening requirements pursuant to Chapter 2010-114, L.O.F., and more specifically, pursuant to Sections 430.0402 and 435.01(2), F.S., the later section which provides rulemaking authority to individual agencies affected by the new background screening requirements. In addition, Section 430.08, F.S., provides the DOEA with rulemaking authority to establish rules to implement the provisions of Chapter 430, F.S. The DOEA has been unable to complete the rulemaking process. Consequently, the DOEA finds it necessary to publish this emergency rule to continue to protect the health, safety and welfare of recipients while continuing with the rulemaking process.

 

SUMMARY: This emergency rule establishes criteria and procedures for complying with the new requirement of a Level 2 background screening for all potential employees, who will have direct contact with Department recipients, prior to employment or volunteerism.

 

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Suite 315, Tallahassee, FL 32399-7000; telephone (850) 414-2113; Email address: crochethj@elderaffairs.org.

 

THE FULL TEXT OF THE EMERGENCY RULE IS:
58ER10-2 Background Screening Requirements.
(1) DEFINITIONS.
In addition to the term “direct service provider,” as defined in Section 430.0402(1)(b), F.S., the following definitions are included in this rule:


(a) “AHCA” means the Florida Agency for Health Care Administration.
(b) “APD” means the Florida Agency for Persons with Disabilities.
(c) “CDC+” means the Consumer Directed Care Plus Program as described in Section 409.221, F.S.
(d) “Disqualifying Offense” means any criminal offense prohibited in Section 430.0402 or 435.04, F.S.
(e) “DOEA” or “Department” means the Florida Department of Elder Affairs.
(f) “DOH” means the Florida Department of Health.
(g) “FBI” means the Federal Bureau of Investigation.
(h) “FDLE” means the Florida Department of Law Enforcement.
(i) “Level 1 Screening” means an assessment of employment history checks, statewide criminal correspondence checks, local criminal history checks and a check of the Dru Sjodin National Sex Offender Public Website coordinated through FDLE to determine whether screened individuals have any disqualifying offenses pursuant to Section 430.0402 or 435.04, F.S.


1
(j) “Level 2 Screening” means an assessment of the criminal history record obtained through a fingerprint search coordinated through FDLE and the FBI to determine whether screened individuals have any disqualifying offenses pursuant to Section 430.0402 or 435.04, F.S.
(k) “Livescan” means both the technique and the technology used by law enforcement agencies and private facilities to capture fingerprints and palm prints electronically, without the need for the more traditional method of ink and paper.


(2) BACKGROUND SCREENING REQUIREMENTS.
Pursuant to Section 430.0402(1)(a), F.S., Level 2 background screening consistent with the requirements of Chapter 435, F.S., is required for all direct service providers as defined in Section 430.0402(1)(b), F.S.


(3) IMPLEMENTATION AND RETENTION.
Pursuant to Section 430.0402, F.S., beginning August 1, 2010, the following is required:
(a) All newly-hired direct service providers shall be required to undergo a Level 2 background screening pursuant to Chapter 435 as a condition of employment or volunteerism and continued employment or volunteerism. Such screening shall ensure that a direct service provider has not been arrested awaiting final disposition of, has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under Sections 430.0402, 435.03 or 435.04, F.S., or a similar law of another jurisdiction.


(b) Employers of direct service providers, who have not been previously screened according to the screening standards of Chapter 435, F.S., must ensure that at least twenty percent (20%) of the available population of such individuals are screened pursuant to the Level 2 screening standards of Chapter 435, F.S., within 120 calendar days of August 1, 2010, and an additional twenty percent (20%) every 90 calendar days thereafter, until all direct service providers have successfully satisfied the screening standards of Section 430.0402, F.S., and Chapter 435, F.S., or have applied for and received an exemption pursuant to Section 435.07, F.S. Employers with fewer than 5 direct service providers must ensure that all such direct service providers are screened within the initial 120 calendar day window after August 1, 2010.


(c) Employers of direct service providers are responsible for ensuring applicant fingerprints are retained by FDLE in the Applicant Fingerprint Retention and Notification Program, whereby notification is automatically sent to the Department’s Background Screening Coordinator, according to the procedures specified in Section 943.05, F.S., in the event of a direct service provider’s subsequent arrest.


(d) Employers of direct service providers, who previously qualified for employment or volunteer work under Level 1 screening standards, and individuals required to be screened according to the Level 2 screening standards contained in Chapter 435, F.S., and Section 430.0402, F.S., shall be required to be rescreened every 5 years from the date of their last background screening or exemption, unless such individual’s fingerprints are continuously retained and monitored by FDLE in the Applicant Fingerprint Retention and Notification Program, according to the procedures specified in Section 943.05, F.S.


(4) EXCEPTIONS.
The following are exceptions to the background screening requirements specified in this rule:
(a) Physicians, nurses, or other professionals licensed by DOH are not subject to the background screening requirements of Chapter 435, F.S, if they are providing a service that is within the scope of their licensed practice.
(b) Individuals qualified for employment by AHCA pursuant to that Agency’s background screening standards for licensure or employment contained in Section 408.809, F.S., are not subject to subsequent or additional Level 2 background screening pursuant to Chapter 435, F.S., or the unique screening requirements of Section 430.0402, F.S., by virtue of their employment as a direct service provider, if they are providing a service that is within the scope of their licensed practice.


(c) Individuals qualified for employment by APD pursuant to that Agency’s background screening standards contained in Section 393.0655, F.S., are not subject to subsequent or additional Level 2 background screening pursuant to Chapter 435, F.S., or the unique screening requirements of Section 430.0402, F.S., by virtue of their employment as a direct service provider as defined in Section 393.063(11), F.S.


(d) Back-up providers, who render services to consumers enrolled in the CDC+ program, are considered to be the same as full-time providers, as defined in Section 409.221(c)5., F.S. Consequently, they are not considered to be unemployed for more than 90 days pursuant to Section 409.221(4)(h)2.(i), F.S., if they have not been called to render back-up services for a period exceeding 90 days.


(5) ELECTRONIC SUBMISSION OF FINGERPRINTS.
Beginning August 1, 2010, fingerprints submitted pursuant to Chapter 435, F.S., must be submitted electronically to FDLE, pursuant to paragraph (3)(c) of this rule.


(6) BACKGROUND SCREENERS.
One of the entities listed in the subsections below may be utilized for Level 2 background screening as long as the entity verifies in writing to the employer that all background screeners performing electronic fingerprinting meet the requirements of Section 435.04(1)(c), F.S., and have been subject to, and passed, a Level 1 background screening under the standards set forth in Chapter 435, F.S.


(a) Any screening company listed on the FDLE website as authorized to perform Level 2 LiveScan background screenings. The website address is: http://www.fdle.state.fl.us/Content/getdoc/04833e12-3fc6-4c03-9993-379244e0da50/livescan.aspx.
(b) Any local law enforcement capable of performing Level 2 Livescan background screenings, provided the equipment and electronic fingerprint data submission have been evaluated by FDLE to verify compliance with both FDLE and FBI regulations and standards.


(7) SHARING OF SCREENING RESULTS.
The information that a particular direct service provider has successfully passed a Level 2 background screening may be shared among DOEA programs and providers. In addition, passage of a Level 2 background screening for one program or provider shall constitute passage for all programs and providers. However, the use of a Level 2 background screening by a subsequent program or provider shall not affect the applicable date for rescreening pursuant to paragraph (3)(d) of this rule, if any. No information other than the fact that the applicant passed Level 2 screening may be shared.


Rulemaking Authority 430.08, 435.01(2) FS. Law Implemented 430.0402, 435.01, 435.02, 435.03, 435.04, 435.06, 435.07 FS. History–New_11-1-10, Supersedes 58ER10-1.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE. EFFECTIVE DATE: November 1, 2010

 

In order to get fingerprinted as part of DOEA requirement for Direct Service Providers’ Background Screening  please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we transmit your fingerprints for FBI Level 2 Background Check so DOEA  gets the results of screening in as less as 72 hours. The cost of screening is $62. Visit our official website www.myidentico.com or call us today (954) 239-8590.

 

We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

 

Sincerely,

IDENTICO LLC.

The Level 2 Background Screening for Florida Public Health Organizations in Florida is required by F.S. 468.

 

It is the intent of the Legislature that the Department of Health be responsible for the state’s public health system which shall be designed to promote, protect, and improve the health of all people in the state.

 

The background screening requirements for Public Health sector are specified at F.S. 381.60225

 

381.60225 Background screening.—

 

(1) Each applicant for certification must comply with the following requirements:

 

1(a) Upon receipt of a completed, signed, and dated application, the Agency for Health Care Administration shall require background screening, in accordance with the level 2 standards for screening set forth in chapter 435, of the managing employee, or other similarly titled individual responsible for the daily operation of the organization, agency, or entity, and financial officer, or other similarly titled individual who is responsible for the financial operation of the organization, agency, or entity, including billings for services. The applicant must comply with the procedures for level 2 background screening as set forth in chapter 435.

 

(b) The Agency for Health Care Administration may require background screening of any other individual who is an applicant if the Agency for Health Care Administration has probable cause to believe that he or she has been convicted of a crime or has committed any other offense prohibited under the level 2 standards for screening set forth in chapter 435.

 

(c) Proof of compliance with the level 2 background screening requirements of chapter 435 which has been submitted within the previous 5 years in compliance with any other health care licensure requirements of this state is acceptable in fulfillment of the requirements of paragraph (a).

 

(d) A provisional certification may be granted to the organization, agency, or entity when each individual required by this section to undergo background screening has met the standards for the Department of Law Enforcement background check, but the agency has not yet received background screening results from the Federal Bureau of Investigation, or a request for a disqualification exemption has been submitted to the agency as set forth in chapter 435, but a response has not yet been issued. A standard certification may be granted to the organization, agency, or entity upon the agency’s receipt of a report of the results of the Federal Bureau of Investigation background screening for each individual required by this section to undergo background screening which confirms that all standards have been met, or upon the granting of a disqualification exemption by the agency as set forth in chapter 435. Any other person who is required to undergo level 2 background screening may serve in his or her capacity pending the agency’s receipt of the report from the Federal Bureau of Investigation. However, the person may not continue to serve if the report indicates any violation of background screening standards and a disqualification exemption has not been requested of and granted by the agency as set forth in chapter 435.

 

(e) Each applicant must submit to the agency, with its application, a description and explanation of any exclusions, permanent suspensions, or terminations of the applicant from the Medicare or Medicaid programs. Proof of compliance with the requirements for disclosure of ownership and control interests under the Medicaid or Medicare programs shall be accepted in lieu of this submission.

 

(f) Each applicant must submit to the agency a description and explanation of any conviction of an offense prohibited under the level 2 standards of chapter 435 by a member of the board of directors of the applicant, its officers, or any individual owning 5 percent or more of the applicant. This requirement does not apply to a director of a not-for-profit corporation or organization if the director serves solely in a voluntary capacity for the corporation or organization, does not regularly take part in the day-to-day operational decisions of the corporation or organization, receives no remuneration for his or her services on the corporation or organization’s board of directors, and has no financial interest and has no family members with a financial interest in the corporation or organization, provided that the director and the not-for-profit corporation or organization include in the application a statement affirming that the director’s relationship to the corporation satisfies the requirements of this paragraph.

 

(g) The agency may not certify any organization, agency, or entity if any applicant or managing employee has been found guilty of, regardless of adjudication, or has entered a plea of nolo contendere or guilty to, any offense prohibited under the level 2 standards for screening set forth in chapter 435, unless an exemption from disqualification has been granted by the agency as set forth in chapter 435.

 

(h) The agency may deny or revoke certification of any organization, agency, or entity if the applicant:

 

1. Has falsely represented a material fact in the application required by paragraph (e) or paragraph (f), or has omitted any material fact from the application required by paragraph (e) or paragraph (f); or

2. Has had prior action taken against the applicant under the Medicaid or Medicare program as set forth in paragraph (e).

 

(i) An application for renewal of certification must contain the information required under paragraphs (e) and (f).

 

(2) An organ procurement organization, tissue bank, or eye bank certified by the Agency for Health Care Administration in accordance with ss. 765.541 and 765.542 is not subject to the requirements of this section if the entity has no direct patient care responsibilities and does not bill patients or insurers directly for services under the Medicare or Medicaid programs, or for privately insured services.

 

IDENTICO LLC is FDLE approved Live Scan vendor. We are capable to transmit your fingerprints for FBI Level 2 Background Check so DOH or AHCA  gets the results of screening in as less as 72 hours. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

Changes in the law, passed during the 2010 legislative session (Chapter Law 2010-114), significantly modifies the background screening and hiring process for many service providers regulated by a variety of state agencies including health care providers licensed by the Agency for Health Care Administration (Agency) under Chapter 408, Part II, Florida Statutes (F.S.)

 

According to section 943.0525, F.S., the Criminal Justice Information Program will not allow Level II screenings unless there is statutory authority to do so. The following persons are required to undergo Level II screening in accordance with section 408.809, F.S.:

 

  • Licensee if the licensee is an individual [Reference 408.809(1)(a)]

 

  • Administrator or a similarly titled person who is responsible for the day-to-day operation of the provider. For example in a clinical laboratory, the Laboratory Director is the person designated with the day-to-day responsibilities of operation. [Reference 408.809(1)(b)]

 

  • Financial officer or similarly titled individual who is responsible for the financial operation of the licensee or provider. [Reference 408.809(1)(c)]

 

  • Controlling interests – may be required to be screened if the agency has reason to believe the person has been convicted of a disqualifying offense.  [Reference 408.809(1)(d)].  A controlling interest is defined as the applicant or licensee; a person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the applicant or licensee; or a person or entity that serves as an officer of, is on the board of directors of, or has a 5-percent or greater ownership interest in the management company or other entity, related or unrelated, with which the applicant or licensee contracts to manage the provider.  The term does not include a voluntary board member.

 

  • Employees that are expected to provide direct care or services or have access to client property, funds or living areas. [Reference 408.809 (1)(e)]

 

  • Contractors expected to provide personal care or personal services directly to clients. Evidence of contractor screening may be retained by the contractor’s employer or the licensees (provider). [408.809 (1)(e)]

 

  • Other persons required under the authorizing statutes to be screening including the medical director and all health care practitioners for a licensed health care clinic (see chart for details).

 

  • Volunteers for a mental health provider licensed under chapter 394, F.S. which includes Crisis Stabilization Units, Residential Treatment Facilities, and Residential Treatment Centers for Children and Adolescents, must undergo Level 2 screening unless they work less than 10 hours/month and are within the line of sight of an employee that has successfully completed a Level 2. [Reference: 394.4572]

 

  • Volunteers for a hospice provider are considered employees of the hospice in accordance with Rule 58A-2.002(6) and therefore must undergo Level 2 screening if they will provide personal care or services directly to clients or have access to client funds, personal property or living areas.

 

  • Students – Section 394.4572(1), Florida Statutes regarding screening of mental health personnel states that all program directors, professional clinicians, staff members, and volunteers working in public or private mental health programs and facilities who have direct contact with individuals held for examination or admitted for mental health treatment must undergo Level 2 screening in accordance with section 435.04 and section 408.809, F.S. with the exception of students who are interning in a mental health facility licensed under chapter 395, where the primary purpose of the facility is not the treatment of minors. These individuals are exempt from the screening requirements if they are under direct supervision in the actual physical presence of a licensed health care professional.

     

     

    The Agency for Health Care Administration does not have statutory authority to screen students interning with a health care provider other than in the situation described above.

  • Children under Age 18 – The law does not change based on the age of the employee/contractor. If a child under 18 years of age meets the definition of one of the positions above he/she must undergo the same screening as a person over age 18.
  •  

Who is Required to be Screened

 

Facility/Service Type Owner / Administrator Financial Officer Employees and Contractors Providing Personal Care/ Services Employees that have access to client property, funds or living areas
Abortion Clinics 

 

 

 

Ambulatory Surgery Centers

Birth Centers

Clinical Laboratories

Performing Non-waived Testing (including physician performed microscopic tests)

Drug Free Workplace

Multiphasic Health Testing Centers

Organ Procurement Organizations, Tissue Banks, Eye Banks

Level 2 Level 2 n/a n/a
Adult Day Care Centers 

 

 

 

Adult Family Care Homes

Assisted Living Facilities

Health Care Service Pools

Home Health Agencies

Homemaker/Sitter/Companion

Home Medical Equipment Providers

Homes for Special Services

Hospice

Intermediate Care Facilities for the Developmentally Disabled

**

Nurse Registries

Nursing Homes

Prescribed Pediatric Extended Care

Transitional Living Facilities

Level 2 Level 2 (excluding Adult Family Care Homes) Level 2 Level 2 

 

 

 

(Volunteers working in a Hospice are considered employees and are required to undergo Level 2 screening)

Community Mental Health 

 

 

 

Crisis Stabilization Units **

Residential Treatment Centers for Children and Adolescents

**

Residential Treatment Facilities **

Short Term Residential Treatment Facilities **

Level 2 

 

 

 

(excludes Community Mental Health)

Level 2 

 

 

 

(excludes Community Mental Health)

Level 2 Level 2 

 

 

 

(includes volunteers unless they work less than 10 hours/month as long as the volunteer is within the line of sight of an employee that has successfully completed a Level 2.)

Health Care Clinics Level 2 

 

 

 

(includes owners with 5% or more interest in the clinic)

Level 2 Level 2 Level 2
Hospitals Level 2 Level 2 Level 2 (only applies to staff working within mental health or psychiatric centers)
Risk Managers Level 2 ** ** **
** These providers may request screenings to be reviewed through the Agency for Health Care Administration

 

 

 

 

OR the Department of Children and Families

Criminal History Requirements

Criminal history checks are required for both enrolling and re-enrolling Medicaid providers. The following individuals in each provider organization are required to have criminal history checks:

All partners or shareholders with an ownership interest of five percent or more;
All officers (this includes the president, vice president, etc.);
All directors (this is the board of directors);
Financial records custodian;
All billing agents;
All managing employees or affiliated persons, including pharmacy managers;
All individuals authorized to sign on the account used for electronic funds transfer.

If individuals belong to more than one of the above categories, they only require one criminal history check.

 

Fingerprint Cards Requirements

The criminal history check is conducted based on the applicants’ fingerprints. Applicants are required to submit a copy of their fingerprints on the fingerprint card included in the Florida Medicaid Provider Enrollment Application package.Providers may not use other types of fingerprint cards. Additional cards can be obtained from the fiscal agent or any area Medicaid office.

 

Payment for Criminal History Check

Provider applicants are required to submit a check made payable to the Agency for Health Care Administration for each fingerprint card submitted with the Enrollment Application.

 

Criminal History Check Process

The fiscal agent submits the fingerprint cards to FDLE. FDLE conducts a state criminal-background investigation that is called a Level 1 check. FDLE forwards the fingerprints to the FBI for a national criminal-history record check. This is called a Level 2 check.

 

Rejected Fingerprint Cards

Applicant fingerprint cards that are rejected by the FBI will be returned directly to Medicaid Contract Management. Rejected fingerprint cards will be accompanied by a United States Department of Justice Form 1-17 A, Rev 5-2-96, or Form 1-12, Rev 4-28-97, that lists the various reasons a fingerprint card may be rejected. If a fingerprint card is rejected, it will be necessary for the applicant to submit a new fingerprint card.

 

In order to preclude duplicate payments and to receive a complete FBI record, the applicant must submit the rejected fingerprint card along with a new fingerprint card to Medicaid. If the second card is rejected and returned by the FBI, additional payment will be required before a third submission. Failure to successfully submit a new fingerprint card may result in denial of a pending enrollment or termination of an active provider.

 

Exemption For Board Members

Board members of a not-for-profit corporation or organization are exempt from the criminal history check if they meet all of the following criteria:
Serve solely in a voluntary capacity; Do not regularly take part in the day-to-day operational decisions of the corporation or organization; Receive no remuneration from the corporation or organization for their service on the board of directors; Have no financial interest in the corporation or organization; and Have no family members with financial interest in the corporation or organization.

 

To obtain the exemption, the corporation or organization must submit a NonProfit Organization Volunteer Board Member Affidavit for Exemption from Medicaid Criminal History Checks along with a list of the board members’ names and social security numbers. The Non-Profit Organization Volunteer Board Member Affidavit for Exemption from Medicaid Criminal History Checks is an attachment to the Florida Medicaid Provider Enrollment Application, AHCA Form 2200-0003, F.A.C.

 

Note: A Non-Profit Organization Volunteer Board Member Affidavit for Exemption from Medicaid Criminal History Checks may be obtained from the Medicaid fiscal agent by calling Provider Enrollment at 800-289-7799 and selecting Option 4 or by downloading the form from the Medicaid fiscal agent’s Web Portal at http://mymedicaid-florida.com. Click on Public Information for Providers, then on Provider Support, and then on Enrollment.

 

Exemption for Providers

The following providers are exempt from the criminal history check:

Hospitals licensed under Chapter 395, Florida Statutes. (This exemption does not apply to the physicians’ groups, laboratories, pharmacies, or other non-institutional providers that are not licensed under Chapter 395, but are owned by or affiliated with the hospital.)

 

Nursing facilities, hospices, assisted living facilities, and adult family care homes licensed under Chapter 400, Florida Statutes. (This exemption does not apply to the physicians’ groups, laboratories, pharmacies, durable medical equipment companies or other non-institutional providers not licensed under Chapter 400, but are owned by or affiliated with the nursing facilities, hospices and assisted living facilities.)

 

School districts.
Units of local government. (This exemption does not apply to nongovernmental providers and entities that contract with the local government to provide Medicaid services. The contracted entities are responsible for the cost of the criminal history checks for all applicable staff and management.)

 

Any business that derives more than 50 percent of its revenue from the sale of goods to the final consumer AND either the business or its
controlling parent is required to file a form 10-K or similar statement with the Securities and Exchange Commission OR the business has a net
worth of $50 million or more. (This exception is designed primarily to exclude large pharmaceutical companies. The business must submit its
annual report including audited financial statements or 10-K Form with the exemption request.)

 

To obtain the exemption, the provider must submit an FDLE Criminal History Check and Fingerprinting Exemption Request. The FDLE Criminal History Check and Fingerprinting Exemption Request is an attachment to the Florida Medicaid Provider Enrollment Application, AHCA Form 2200-0003, which is incorporated by reference in 59G-5.010, F.A.C.

 

Note: An Exemption Request form may be obtained from the Medicaid fiscal agent by calling Provider Enrollment at 800-289-7799 and selecting Option 4 or by downloading the form from the Medicaid fiscal agent’s Web Portal at http://mymedicaid-florida.com. Click on Public Information for Providers, then on Provider Support, and then on Enrollment.

 

Exemption for Government Entities with Previous Criminal History Checks

If a government agency or government-owned facility already obtains criminal history checks on its employees, Medicaid does not require another check if the following criteria are met:
The government agency or government-owned facility submits documentation in the form of a letter or official form from the screening agency, which specifies the applicant’s name and dates of the FDLE and FBI criminal history checks;
The previously completed criminal history check is no more than 12 months old as of the date of receipt of the application; and Medicaid reserves the right, on a case-by-case basis, to reject any criminal history check deemed questionable, or to require that a new criminal history check be completed and the appropriate fee submitted to cover payment required by FDLE.
Criminal history check exemption policies for government agencies apply to hospital taxing districts, such as the North Broward Hospital District; state agencies, such as county health departments; and state university system facilities, such as the University of Florida, Shands Teaching  Hospital.

 

Exemption for DCF License

Criminal history checks are not required for medical foster care or private transportation providers who have a Florida Department of Children and Families license.

 

Exemption for Physicians, RNs and ARNPs

Criminal history checks are not required for physicians, podiatrists, chiropractors, registered nurses, and advanced registered nurse  practitioners who are currently licensed through the Florida Department of Health (DOH). If an Alabama or Georgia provider is designated as an in-state provider and has a current Florida DOH license, then a criminal history check is not required. However, if the provider does not have a valid Florida DOH license; then a fingerprint card and a criminal history check is required.

 

Criminal History Check by Other Agencies

Medicaid accepts criminal history checks conducted by other Florida agencies or departments that have been completed within 12 months of receipt of the application. The provider must submit a letter or official form from the agency that conducted the criminal history check with the Enrollment Application. The letter or form must specify the applicant’s name, Social Security Number, date the criminal history check was completed, the level of the screening and the results. Medicaid Provider Enrollment will review the information and approve or deny
the application.

 

At this time Florida Medicaid Provider Enrollment is managed by third party vendor -HP. The submission of fingerprints for Medicaid Provider Services Level 2 Background Check is allowed by two methods. IDENTICO LLC– is FDLE approved live scan vendor provides physicians’ groups, laboratories, pharmacies and other non-institutional providers that are not licensed under Chapter 395, but are owned by or affiliated with the hospital, with solutions to comply with fingerprinting and background screening requirements of Medicaid Enrollment.

 

a)     We can collect and submit fingerprints electronically on our Live Scan Equipment, at your location or ours. This way fingerprint cards are not required, we provide all necessary prove of individuals transaction records, including the TCN numbers. The cost of such screening is $54.25/person, you don’t have to send $43.25 check to AHCA, and this fee is included in our rate. Traveling fees may apply for mobile fingerprinting appointments.

 

b)      We can capture fingerprints old fashion way on hard-copy fingerprint card. The client has to provide us specifically pre-printed cards made exclusively for Medicaid Provider Services. Such fingerprint cards can be requested from Medicaid Enrollment. The fee is $15/card, you would have to attach $43.25 fee payable to AHCA along with your enrollment application and the card. Traveling fees may apply for mobile fingerprinting appointments. Hard copy method is recommended for individuals with poor quality fingerprints, such prints have a high change to be denied by FBI as illegible.

 

Please contact us for more information. Visit our official website www.myidentico.com or call us today (954) 239-8590. We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

 

Mobile unit appointments need to be scheduled by phone only .

The Background Screening rules of Agency for Health care Administration are set according to Florida Administrative Code, Section 59-A35.090.

 

59A-35.090 Background Screening.

 

(1) Definitions:

(a) “Arrest Report” means the detailed narrative written by the arresting law enforcement officer explaining the circumstances of the arrest.

 

(b) “Disposition” means the sentencing or other final settlement of a criminal case which shall include, regardless of adjudication, a plea of nolo contendere or guilty, or a conviction by a judge or jury.

 

(c) “Disqualifying Offense” means any criminal offense prohibited in Section 435.03, 435.04 or 408.809(5), F.S.

 

(d) “Exemption from Disqualification” means an exemption granted by the Agency following a review of the Application for Exemption, AHCA Form 3010-0019, October 2009, hereby incorporated by reference, and an informal hearing, if appropriate, during which the individual must present clear and convincing evidence to support a reasonable belief that he or she has been rehabilitated and does not present a danger to the health, safety, and welfare of the patient or individual as described in Section 435.07, F.S.

 

(e) “FBI” means the Federal Bureau of Investigation.

 

(f) “FDLE” means the Florida Department of Law Enforcement.

 

(g) “Level 1 Screening” means an assessment of the criminal history record obtained from the FDLE to determine whether screened individuals have any disqualifying offenses pursuant to Section 435.03 or 408.809(5), F.S. An analysis and review of court dispositions and arrest reports may be required to make a final determination.

 

(h) “Level 2 Screening” means an assessment of the criminal history record obtained through a fingerprint search through the FDLE and FBI to determine whether screened individuals have any disqualifying offenses pursuant to Section 435.04 or 408.809(5), F.S. An analysis and review of court dispositions and arrest reports may be required to make a final determination.

 

(2) Processing Screening Requests, Required Documents and Fees.

 

(a) A provider may conduct Level 1 background screening for employees either directly through the FDLE or through the Agency. Requests through the Agency must be submitted using the Agency’s background screening website at: http://www.ahca.myflorida.com/MCHQ/Long_Term_Care/Background_S creening/logon.shtml. A user code and password is required for use of this site. A request for a Level 1 screening through the Agency must be accompanied by the cost required by the FDLE to pay for the cost of processing the request.

 

(b) Persons required to undergo Level 2 background screening must submit an Applicant Fingerprint Card, incorporated herein by reference, and available from the appropriate Agency licensure unit or by submitting a request to: bgscreen@ahca.myflorida.com. A health care provider licensed pursuant to this chapter may submit a Level 2 request and make payment electronically or by mail. A request for a Level 2 screening through the Agency must be accompanied by the cost required by the FDLE and the FBI to pay for the cost of processing the request.

 

1. Electronic submissions must be made through the Agency’s background screening web site. The completed fingerprint card must be mailed to the Background Screening Unit at 2727 Mahan Drive, MS 40,Tallahassee, Florida 32308.

 

2. Mailed requests must be submitted to the Background Screening Unit at 2727 Mahan Drive, MS 40, Tallahassee, Florida 32308.

 

3. If a fingerprint card is rejected by the FBI due to illegible prints, the individual must submit a second fingerprint card in accordance with the guidelines established by the FBI. The second card must be submitted to the Agency within 21 days of the Agency’s request or the screening request will be considered withdrawn. If withdrawn, the individual must submit a new fingerprint card accompanied by the required fee.

 

(3) Screening of Administrators, Owners, Chief Financial Officers and Controlling Interests.

 

(a) Persons required to undergo Level 2 background screening in accordance with a licensure application, must submit the completed and signed fingerprint card and screening fee with an application for licensure to the appropriate Agency licensing unit.

 

(b) As an alternative to a new background screen, persons required to undergo Level 2 background screening in accordance with Section 408.809, F.S., that have been screened within the previous 5 years by the Agency, Department of Health, Department of Children and Family Services, Agency for Persons with Disabilities or Department of Financial Services, or if the applicant has a certificate of authority to operate a continuing care retirement community, may submit to the appropriate Agency licensing unit:

 

1. A copy of the background screening result, and

 

2. An Affidavit of Compliance with Background Screening Requirements, AHCA Form 3100-0008, October 2009, herein incorporated by reference, and available from the Agency for Health Care Administration at: http://www.ahca.myflorida.com/Publications/Forms/HQA.shtml.

 

(4) Results of Screening and Notification.

 

(a) Final results of background screening requests will be provided to the requesting provider through the Agency’s secure web site.

 

(b) When the dispositional information of a potentially disqualifying offense is unclear or not present in a criminal history from a Level I request, a notice will be sent to the requesting licensee or entity to obtain the arrest report and dispositional information from the individual being screened. The information must then be forwarded to the Agency for a final determination or show such information cannot be obtained. If a Level 2 criminal history is incomplete, a certified letter will be sent to the individual being screened requesting the arrest report and dispositional information. If the letter is returned unclaimed, a copy of the letter will be sent by regular mail. For Level 1 and Level 2, the missing information must be filed with the Agency within 30 days of the Agency’s request, or the individual is subject to automatic disqualification in accordance with Section 435.05(1)(d), F.S.

 

(c) When the Agency or the provider obtains information indicating an individual has a disqualifying offense pursuant to Chapter 435, F.S., the individual is prohibited from working in a position that requires background screening until such time as the individual has applied for and been determined to be exempt from such disqualification.

 

(d) An alleged offense is not disqualifying until such time as there has been a disposition.

 

(5) Exemption from Disqualification.

 

(a) Requests for an exemption from disqualification shall be submitted in writing to the Agency using the “Application for Exemption from Disqualification” AHCA Form 3010-0019, October 2009. This form may be obtained from the Agency for Health Care Administration, Background Screening Unit, 2727 Mahan Drive, MS #40, Tallahassee, Florida 32308 or through the Agency’s website at: http://www.ahca.myflorida.com/MCHQ/Long_Term_Care/Background_Screening/exemption.shtml.

 

(b) Individuals that are licensed or certified in a profession under the jurisdiction of the Department of Health must apply for an exemption to the appropriate licensing or certifying board at the Department of Health unless the individual will be working in a position other than for which they are licensed or certified.

 

(c) The individual shall bear the burden of setting forth clear and convincing evidence of rehabilitation which includes any information indicating the individual presents no danger to the safety or well being of others. The individual must present such evidence as arrest reports, court dispositions, parole/probation information, letters from employers, and personal references. Other documents that may be included are records of successful participation in a rehabilitation program, further education or training, community or church involvement, special awards or recognition or testimony by self or others.

 

(d) An “Application for Exemption” will not be reviewed until all required documents are obtained. If the application is deemed incomplete after 30 days of receipt by the Agency, the application will be withdrawn.

 

(e) In deciding whether to grant or deny an exemption request, the Agency shall consider factors such as the facts and circumstances surrounding the disqualifying offense(s), the nature of the harm to the victim, whether the individual is on probation or parole, whether restitution has been made, the length of time since the last offense, the history of the person since the disqualifying offense(s), work experience, personal references, performance evaluations, probation or parole violations, education, other evidence of rehabilitation, and the honesty and candor of the disqualified individual.

 

(f) Any exemption granted by the Agency is limited to the disqualifying offense or offenses committed prior to the date of the request for exemption.

 

(g) The Agency shall void any exemption granted to an individual when there is evidence that information which would adversely affect the decision was not made available at the time of the determination or there is a disposition of a new disqualifying offense since the date the exemption was granted.

 

(6) Unless otherwise specified, information requested pursuant to this section must be filed with the Agency within 21 days of the Agency’s request.

 

Rulemaking Authority 408.819 FS. Law Implemented 408.809, 408.810 FS. History–New 7-14-10.

 

All Level 2 screening requests to  AHCA must be submitted electronically. The Agency for Health Care Administration will no longer process Level 1 or Level 2 screening requests or fees after July 31, 2010. Any Level 1 or Level 2 screening request and fees submitted to the Agency’s Background Screening Section after July 31, 2010 will be returned to the sender unprocessed.

 

If the AHCA provider who you work for is located in Miami, Broward, Palm Beach or Martin counties, please call IDENTICO LLC today, for  office or mobile fingerprinting appointment. IDENTICO is FDLE approved Live Scan vendor, and we use electronic fingerprinting solutions in transmitting your fingerprints for FBI Level 2 Background Check and AHCA will get the results of screening in as less as 72 hours. The cost of screening is $80.00. Visit our official website www.myidentico.com or call us today (954) 239-8590.

 

We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

 

Bring your state ID/DL, know your SSN, and we’ll help you with locating your AHCA Number if you don’t know it.

 

Sincerely,

 

The team of IDENTICO LLC.

Numerous individuals who we served had the same set of questions asking whether Level 2 Background Screening will reveal applicants’ sealed or expunged criminal history to regulatory or licensing state agencies. Just to make the subject more detailed we decided to post the basic information about sealed and expunged records in Florida, as well as the list of agencies which will actually receive these historical records.

 

FAQ:

 

Why do I have a criminal history record when the charges against me were dropped/dismissed?

 

The Florida Legislature has determined that Florida criminal history records are public unless the record is sealed or expunged. See Section 943.053(3), Florida Statutes, which provides for public access to criminal history records. The term “criminal history information” is defined, tracking the federal definition, at Section 943.045(4), Florida Statutes. A criminal history record is created when a person is arrested and fingerprinted, and includes the disposition of that arrest, whether it is a conviction, acquittal, dismissal of charges before trial, or other disposition.

 

What is the difference between having a criminal history record sealed vs. expunged?

 

When a criminal history record is sealed, the public will not have access to it.  Certain governmental or related entities, primarily those listed in s. 943.059(4)(a), Florida Statutes, have access to sealed record information in its entirety.

 

When a record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order.  Such entities would receive only a caveat statement indicating that “Criminal Information has been Expunged from this Record”.

 

Exclusion for Certain State Agencies to Receive Sealed or Expunged records as part of Level 1 or Level 2 Screening

 

The subject of a criminal history record sealed under this section or under other provisions of law, including former s.893.14, former s.901.33, and former s.943.058, may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record:

 

  1. Is a candidate for employment with a criminal justice agency;
  2. Is a defendant in a criminal prosecution;
  3. Concurrently or subsequently petitions for relief under s.943.0585 or s.943.059;
  4. Is a candidate for admission to The Florida Bar;
  5. Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services (DCF), the Agency for Health Care Administration (AHCA), the Agency for Persons with Disabilities (APD), or the Department of Juvenile Justice (DJJ) or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in s.110.1127(3), s.393.063, s.394.4572(1), s.397.451, s.402.302(3), s.402.313(3), s.409.175(2)(i), s.415.102(4), chapter 916, s. 985.644, chapter 400, or chapter 429;
  6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or
  7. Is seeking authorization from a Florida seaport identified in s.311.09 F.S. for employment within or access to one or more of such seaports pursuant to s.311.12 F.S. or s.311.125 F.S.
  8. Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is the subject to a criminal history background check under state or federal law.

 

IDENTICO LLC is FDLE authorized Live Scan vendor serving South Florida.  With any question related to Level 2 background screening please call us at (954) 239-8590 or visit us online at www.myidentico.com for more information. Visit our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021 for all fingerprinting, background screening or drug testing needs.

 

Sincerely,

IDENTICO LLC.

59A-35.090 Background Screening

 

(1) Definitions:

 

(a) “Arrest Report” means the detailed narrative written by the arresting law enforcement officer explaining the circumstances of the arrest.

(b) “Disposition” means the sentencing or other final settlement of a criminal case which shall include, regardless of adjudication, a plea of nolo contendere or guilty, or a conviction by a judge or jury.

(c) “Disqualifying Offense” means any criminal offense prohibited in Section 435.03, 435.04 or 408.809(5), F.S.

(d) “Exemption from Disqualification” means an exemption granted by the Agency following a review of the Application for Exemption, AHCA Form 3010-0019, October 2009, hereby incorporated by reference, and an informal hearing, if appropriate, during which the individual must present clear and convincing evidence to support a reasonable belief that he or she has been rehabilitated and does not present a danger to the health, safety, and welfare of the patient or individual as described in Section 435.07, F.S.

(e) “FBI” means the Federal Bureau of Investigation.

(f) “FDLE” means the Florida Department of Law Enforcement.

(g) “Level 1 Screening” means an assessment of the criminal history record obtained from the FDLE to determine whether screened individuals have any disqualifying offenses pursuant to Section 435.03 or 408.809(5), F.S. An analysis and review of court dispositions and arrest reports may be required to make a final determination.

(h) “Level 2 Screening” means an assessment of the criminal history record obtained through a fingerprint search through the FDLE and FBI to determine whether screened individuals have any disqualifying offenses pursuant to Section 435.04 or 408.809(5), F.S. An analysis and review of court dispositions and arrest reports may be required to make a final determination.

 

(2) Processing Screening Requests, Required Documents and Fees.

(a) A provider may conduct Level 1 background screening for employees either directly through the FDLE or through the Agency. Requests through the Agency must be submitted using the Agency’s background screening website at: http://www.ahca.myflorida.com/MCHQ/Long_Term_Care/Background_S creening/logon.shtml. A user code and password is required for use of this site. A request for a Level 1 screening through the Agency must be accompanied by the cost required by the FDLE to pay for the cost of processing the request.

(b) Persons required to undergo Level 2 background screening must submit an Applicant Fingerprint Card, incorporated herein by reference, and available from the appropriate Agency licensure unit or by submitting a request to: bgscreen@ahca.myflorida.com. A health care provider licensed pursuant to this chapter may submit a Level 2 request and make payment electronically or by mail. A request for a Level 2 screening through the Agency must be accompanied by the cost required by the FDLE and the FBI to pay for the cost of processing the request.

1. Electronic submissions must be made through the Agency’s background screening web site. The completed fingerprint card must be mailed to the Background Screening Unit at 2727 Mahan Drive, MS 40,Tallahassee, Florida 32308.

2. Mailed requests must be submitted to the Background Screening Unit at 2727 Mahan Drive, MS 40, Tallahassee, Florida 32308.

3. If a fingerprint card is rejected by the FBI due to illegible prints, the individual must submit a second fingerprint card in accordance with the guidelines established by the FBI. The second card must be submitted to the Agency within 21 days of the Agency’s request or the screening request will be considered withdrawn. If withdrawn, the individual must submit a new fingerprint card accompanied by the required fee.

 

(3) Screening of Administrators, Owners, Chief Financial Officers and Controlling Interests.

(a) Persons required to undergo Level 2 background screening in accordance with a licensure application, must submit the completed and signed fingerprint card and screening fee with an application for licensure to the appropriate Agency licensing unit.

(b) As an alternative to a new background screen, persons required to undergo Level 2 background screening in accordance with Section 408.809, F.S., that have been screened within the previous 5 years by the Agency, Department of Health, Department of Children and Family Services, Agency for Persons with Disabilities or Department of Financial Services, or if the applicant has a certificate of authority to operate a continuing care retirement community, may submit to the appropriate Agency licensing unit:

1. A copy of the background screening result, and

2. An Affidavit of Compliance with Background Screening Requirements, AHCA Form 3100-0008, October 2009, herein incorporated by reference, and available from the Agency for Health Care Administration at: http://www.ahca.myflorida.com/Publications/Forms/HQA.shtml.

 

(4) Results of Screening and Notification.

(a) Final results of background screening requests will be provided to the requesting provider through the Agency’s secure web site.

(b) When the dispositional information of a potentially disqualifying offense is unclear or not present in a criminal history from a Level I request, a notice will be sent to the requesting licensee or entity to obtain the arrest report and dispositional information from the individual being screened. The information must then be forwarded to the Agency for a final determination or show such information cannot be obtained. If a Level 2 criminal history is incomplete, a certified letter will be sent to the individual being screened requesting the arrest report and dispositional information. If the letter is returned unclaimed, a copy of the letter will be sent by regular mail. For Level 1 and Level 2, the missing information must be filed with the Agency within 30 days of the Agency’s request, or the individual is subject to automatic disqualification in accordance with Section 435.05(1)(d), F.S.

(c) When the Agency or the provider obtains information indicating an individual has a disqualifying offense pursuant to Chapter 435, F.S., the individual is prohibited from working in a position that requires background screening until such time as the individual has applied for and been determined to be exempt from such disqualification.

(d) An alleged offense is not disqualifying until such time as there has been a disposition.

 

(5) Exemption from Disqualification.

(a) Requests for an exemption from disqualification shall be submitted in writing to the Agency using the “Application for Exemption from Disqualification” AHCA Form 3010-0019, October 2009. This form may be obtained from the Agency for Health Care Administration, Background Screening Unit, 2727 Mahan Drive, MS #40, Tallahassee, Florida 32308 or through the Agency’s website at: http://www.ahca.myflorida.com/MCHQ/Long_Term_Care/Background_Screening/exemption.shtml.

(b) Individuals that are licensed or certified in a profession under the jurisdiction of the Department of Health must apply for an exemption to the appropriate licensing or certifying board at the Department of Health unless the individual will be working in a position other than for which they are licensed or certified.

(c) The individual shall bear the burden of setting forth clear and convincing evidence of rehabilitation which includes any information indicating the individual presents no danger to the safety or well being of others. The individual must present such evidence as arrest reports, court dispositions, parole/probation information, letters from employers, and personal references. Other documents that may be included are records of successful participation in a rehabilitation program, further education or training, community or church involvement, special awards or recognition or testimony by self or others.

(d) An “Application for Exemption” will not be reviewed until all required documents are obtained. If the application is deemed incomplete after 30 days of receipt by the Agency, the application will be withdrawn.

(e) In deciding whether to grant or deny an exemption request, the Agency shall consider factors such as the facts and circumstances surrounding the disqualifying offense(s), the nature of the harm to the victim, whether the individual is on probation or parole, whether restitution has been made, the length of time since the last offense, the history of the person since the disqualifying offense(s), work experience, personal references, performance evaluations, probation or parole violations, education, other evidence of rehabilitation, and the honesty and candor of the disqualified individual.

(f) Any exemption granted by the Agency is limited to the disqualifying offense or offenses committed prior to the date of the request for exemption.

(g) The Agency shall void any exemption granted to an individual when there is evidence that information which would adversely affect the decision was not made available at the time of the determination or there is a disposition of a new disqualifying offense since the date the exemption was granted.

 

(6) Unless otherwise specified, information requested pursuant to this section must be filed with the Agency within 21 days of the Agency’s request.

Rulemaking Authority 408.819 FS. Law Implemented 408.809, 408.810 FS. History–New 7-14-10.

 

Here are some important facts on background screening for Summer Camps in FAQ format:

 

What constitutes a summer camp?

 

Summer day camps” and “Summer 24-hour camps” are defined in Section 409.175 F.S. “Summer day camps” are recreational, educational, and other enrichment programs operated during summer vacations for children who are 5 years of age on or before September 1 and older. “Summer 24-hour camps” are recreational, educational, and other enrichment programs operated on a 24-hour basis during summer vacations for children who are 5 years of age on or before September 1 and older, that are not exclusively educational.

 

Requirements for athletic coaches are found in Section 943.0438 F.S. Background screening for paid or volunteer athletic coaches are not screened through the Department of Children and Families, they are screened using the Volunteer and Employee Criminal History System (VECHS) through the Florida Department of Law Enforcement (FDLE). Enforcement of requirements for athletic coaches would be the independent sanctioning authority.

 

Who has to be screened?

Personnel for the purposes of screening for summer day camps and summer 24-hour camps includes owners, operators, employees, and volunteers working in summer day camps and summer 24-hour camps providing care for children. Volunteers who assist on an intermittent basis for less than 10 hours per month do not need to be screened if a person who meets the screening requirement is always present and has the volunteer in his or her line of sight.

 

When do employees or volunteers have to be screened?

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 the background screening.

 

How are international counselors background screened?

They must complete a Level 2 Background Screening upon arriving in Florida. Although not required by law, a background check from their home country should be requested. Most organizations that assist with identifying international counselors do provide a background check.

 

Are employees or volunteers under the age of 18 required to be fingerprinted?

Yes. There are no exclusions under the statute for those under age 18 from being fingerprinted. However, if the employee or volunteer under 18 is not providing direct care for children, they would not have to be fingerprinted.

 

What are the differences between Level 1 and Level 2 Background Screening for employment and where are the lists of offenses that will preclude potential employees from working? What are local law enforcement checks? What are the cost differences? Do we need to do a local sheriff’s check?

The requirements for Level 1 and Level 2 Employment Background Screening are found in Chapter 435 Florida Statutes. Level 1 Background Screening requires an employment history check, statewide criminal correspondence checks through FDLE (name-based check), and a check of the Dru Sjodin National Sex Offender Public Website and may include local law enforcement checks.

 

Level 2 Background Screening requires fingerprinting for statewide criminal history checks through FDLE and national criminal history checks through the Federal Bureau of Investigation (FBI), and may include local law enforcement checks.

The list of disqualifications from employment is found in Section 435.04 F.S.

 

They include:

 

  • Anyone arrested for and awaiting final disposition of prohibited offense, regardless of adjudication
  • Anyone who has entered a plea of nolo contendere or guilty to a prohibited offense
  • Any case where the applicant was adjudicated delinquent and the record of committing a prohibited offense has not been sealed or expunged

 

Local law enforcement checks are completed by local sheriff and police departments. They are recommended because occasionally there may be information related to arrests or calls to the applicant’s address that are not included in the FDLE record.

 

The costs can vary and depend upon the Live Scan vendor selected. Most costs are listed on our website under the section Live Scan Location and Interactive Map.

 

Are volunteer athletic coach screened under this law?

No. Background screening for volunteer athletic coaches is authorized under s. 943.0438 F.S. through the Volunteer and Employee Criminal History System.

 

What are the differences between this law and the Jessica Lunsford Act?

The Jessica Lunsford Act found in Section 1012.465 F.S. requires non-instructional school district employees or contract personnel who are permitted access on school grounds when students are presents meet Level 2 Background Screening requirements as described in s. 1012.32 F.S.

 

Is there any limit on how far in advance you can screen?

No earlier than 60 days before beginning employment.

 

How often do they have to be screened?

Section 409.1757 F.S. outlines when persons are not required to be refingerprinted or rescreened. If an employee or applicant has been fingerprinted or screened as required in chapter 393, 394, 397, 402, and 409, or teachers pursuant to chapter 1012, who have not been unemployed for more than 90 days and attest to the completion of the fingerprinting and compliance with the standards related to good moral character.

 

What are ORI and OCA numbers? What is the process to get an agency ORI Code and OCA Code and how long does that take?

The ORI number (Originating Agency Identifier). This number is provided by FDLE and identifies the agency requesting the criminal history check and for what purpose.

The OCA (Controlling Agency Identifier). This number is provided by DCF and identifies the provider requesting the background check.

Without the ORI number and the OCA number, FDLE cannot process the request and the DCF will not know where the screening results are to be sent.

The DCF will need the following:

 

Facility/Camp:

Name
Physical Address
Mailing Address
Valid E-mail
Contact Person (Owner/Operator)
Contact Person Phone Number

 

This information can be sent to the following email address: bgs1116@dcf.state.fl.us

Upon registration, you will be provided a DCF Agency Identifier (ORI) and a DCF Live Scan OCA through email.

 

What if we have already done the VECHS check – is this sufficient?

No. DCF is responsible for ensuring persons working in summer camps meet the requirements for background screening. VECHS checks are not allowed to be shared with the Department.

 

What if we have already done fingerprint checks, but not through the Live Scan process – do those have to be redone? Can fingerprints be done using hard cards?

 

If they meet the Level 2 requirements, were completed within the last 5 years, and there has not been a 90 day break in service, they would not need to be redone.

Fingerprints submitted using hard cards are permissible until 2012. However, it will delay receiving the results for 4-6 weeks or longer.

 

Where do the records need to be kept? Is it the same for the Affidavit of Good Moral Character?

The results from the background screening and the Affidavit of Good Moral Conduct should be maintained in your personnel files.

 

Who will be enforcing this? Can we expect to be monitored or inspected, or will this happen when a complaint is lodged against a program?

 

DCF has the authority to ensure compliance. Currently, summer camps are only monitored when a complaint has been made related to noncompliance with background screening. However, we are reviewing the requirements and more information related to enforcement will be released in the near future.

 

Why isn’t there a state database where I can verify if someone has already been checked?

Currently, there are limitations on sharing information between agencies. Agencies work together and when possible, the DCF will accept Level 2 Letters of Clearance completed by other entities such as school boards, or the Agency for Health Care Administration.

 

Is all necessary information collected with the fingerprint, or are there other forms that have to be completed and retained by us, or returned to DCF?

For completion of the Level 2 Background Screening, the information provided to the Live Scan Vendor is sufficient. Additional information from the applicant may be required if a criminal history is noted.

 

When does a summer camp have to be licensed by DCF?

Summer camps are not licensed by DCF.

 

Does the State require any additional training of employees hired by local agencies for summer programs?

No.

What are the counties that are doing their own licensing, when are they allowed to do their own licensing, and can they require a program that is exempt in State statute to be licensed under their county authority? Where can we find contact information on those county licensing boards/units?

 

The State does not require licensure of summer camps. There may be local ordinances that do require licensure. This information would be found locally.

Is there a website for more answers on DCF background screening requirements?

 

Yes. The Department website for background screening is: http://www.dcfbackgroundscreening.com. As information or updates are available, they will be added to our website.

 

Here are some important facts on background screening for Summer Camps in FAQ format:

 

What constitutes a summer camp?

 

Summer day camps” and “Summer 24-hour camps” are defined in Section 409.175 F.S. “Summer day camps” are recreational, educational, and other enrichment programs operated during summer vacations for children who are 5 years of age on or before September 1 and older. “Summer 24-hour camps” are recreational, educational, and other enrichment programs operated on a 24-hour basis during summer vacations for children who are 5 years of age on or before September 1 and older, that are not exclusively educational.

 

Requirements for athletic coaches are found in Section 943.0438 F.S. Background screening for paid or volunteer athletic coaches are not screened through the Department of Children and Families, they are screened using the Volunteer and Employee Criminal History System (VECHS) through the Florida Department of Law Enforcement (FDLE). Enforcement of requirements for athletic coaches would be the independent sanctioning authority.

 

Who has to be screened?

 

Personnel for the purposes of screening for summer day camps and summer 24-hour camps includes owners, operators, employees, and volunteers working in summer day camps and summer 24-hour camps providing care for children. Volunteers who assist on an intermittent basis for less than 10 hours per month do not need to be screened if a person who meets the screening requirement is always present and has the volunteer in his or her line of sight.

 

When do employees or volunteers have to be screened?

 

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 the background screening.

 

How are international counselors background screened?

 

They must complete a Level 2 Background Screening upon arriving in Florida. Although not required by law, a background check from their home country should be requested. Most organizations that assist with identifying international counselors do provide a background check.

 

Are employees or volunteers under the age of 18 required to be fingerprinted?

 

Yes. There are no exclusions under the statute for those under age 18 from being fingerprinted. However, if the employee or volunteer under 18 is not providing direct care for children, they would not have to be fingerprinted.

 

What are the differences between Level 1 and Level 2 Background Screening for employment and where are the lists of offenses that will preclude potential employees from working? What are local law enforcement checks? What are the cost differences? Do we need to do a local sheriff’s check?

 

The requirements for Level 1 and Level 2 Employment Background Screening are found in Chapter 435 Florida Statutes. Level 1 Background Screening requires an employment history check, statewide criminal correspondence checks through FDLE (name-based check), and a check of the Dru Sjodin National Sex Offender Public Website and may include local law enforcement checks.

 

Level 2 Background Screening requires fingerprinting for statewide criminal history checks through FDLE and national criminal history checks through the Federal Bureau of Investigation (FBI), and may include local law enforcement checks.

 

The list of disqualifications from employment is found in Section 435.04 F.S.

 

They include:

 

  • Anyone arrested for and awaiting final disposition of prohibited offense, regardless of adjudication
  • Anyone who has entered a plea of nolo contendere or guilty to a prohibited offense
  • Any case where the applicant was adjudicated delinquent and the record of committing a prohibited offense has not been sealed or expunged

 

Local law enforcement checks are completed by local sheriff and police departments. They are recommended because occasionally there may be information related to arrests or calls to the applicant’s address that are not included in the FDLE record.

 

The costs can vary and depend upon the Live Scan vendor selected. Most costs are listed on our website under the section Live Scan Location and Interactive Map.

 

Are volunteer athletic coach screened under this law?

 

No. Background screening for volunteer athletic coaches is authorized under s. 943.0438 F.S. through the Volunteer and Employee Criminal History System.

 

What are the differences between this law and the Jessica Lunsford Act?

 

The Jessica Lunsford Act found in Section 1012.465 F.S. requires non-instructional school district employees or contract personnel who are permitted access on school grounds when students are presents meet Level 2 Background Screening requirements as described in s. 1012.32 F.S.

 

Is there any limit on how far in advance you can screen?

No earlier than 60 days before beginning employment.

How often do they have to be screened?

 

Section 409.1757 F.S. outlines when persons are not required to be refingerprinted or rescreened. If an employee or applicant has been fingerprinted or screened as required in chapter 393, 394, 397, 402, and 409, or teachers pursuant to chapter 1012, who have not been unemployed for more than 90 days and attest to the completion of the fingerprinting and compliance with the standards related to good moral character.

 

What are ORI and OCA numbers? What is the process to get an agency ORI Code and OCA Code and how long does that take?

 

The ORI number (Originating Agency Identifier). This number is provided by FDLE and identifies the agency requesting the criminal history check and for what purpose.

 

The OCA (Controlling Agency Identifier). This number is provided by DCF and identifies the provider requesting the background check.

 

Without the ORI number and the OCA number, FDLE cannot process the request and the DCF will not know where the screening results are to be sent.

 

The DCF will need the following:

 

Facility/Camp:

Name
Physical Address
Mailing Address
Valid E-mail
Contact Person (Owner/Operator)
Contact Person Phone Number

 

This information can be sent to the following email address: bgs1116@dcf.state.fl.us

Upon registration, you will be provided a DCF Agency Identifier (ORI) and a DCF Live Scan OCA through email.

 

What if we have already done the VECHS check – is this sufficient?

 

No. DCF is responsible for ensuring persons working in summer camps meet the requirements for background screening. VECHS checks are not allowed to be shared with the Department.

 

What if we have already done fingerprint checks, but not through the Live Scan process – do those have to be redone? Can fingerprints be done using hard cards?

 

If they meet the Level 2 requirements, were completed within the last 5 years, and there has not been a 90 day break in service, they would not need to be redone.

 

Fingerprints submitted using hard cards are permissible until 2012. However, it will delay receiving the results for 4-6 weeks or longer.

 

Where do the records need to be kept? Is it the same for the Affidavit of Good Moral Character?

 

The results from the background screening and the Affidavit of Good Moral Conduct should be maintained in your personnel files.

 

Who will be enforcing this? Can we expect to be monitored or inspected, or will this happen when a complaint is lodged against a program?

 

DCF has the authority to ensure compliance. Currently, summer camps are only monitored when a complaint has been made related to noncompliance with background screening. However, we are reviewing the requirements and more information related to enforcement will be released in the near future.

 

Why isn’t there a state database where I can verify if someone has already been checked?

 

Currently, there are limitations on sharing information between agencies. Agencies work together and when possible, the DCF will accept Level 2 Letters of Clearance completed by other entities such as school boards, or the Agency for Health Care Administration.

 

Is all necessary information collected with the fingerprint, or are there other forms that have to be completed and retained by us, or returned to DCF?

 

For completion of the Level 2 Background Screening, the information provided to the Live Scan Vendor is sufficient. Additional information from the applicant may be required if a criminal history is noted.

 

When does a summer camp have to be licensed by DCF?

 

Summer camps are not licensed by DCF.

 

Does the State require any additional training of employees hired by local agencies for summer programs?

 

No.

 

What are the counties that are doing their own licensing, when are they allowed to do their own licensing, and can they require a program that is exempt in State statute to be licensed under their county authority? Where can we find contact information on those county licensing boards/units?

 

The State does not require licensure of summer camps. There may be local ordinances that do require licensure. This information would be found locally.

 

Is there a website for more answers on DCF background screening requirements?

 

Yes. The Department website for background screening is: http://www.dcfbackgroundscreening.com. As information or updates are available, they will be added to our website.

 

Who runs this Blog?

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