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
The team of IDENTICO LLC.
Guess what?- You need to get fingerprinted in order to legally change your name in the state of Florida and IDENTICO can help.
Whether the name change in Miami-Dade County, or you decided to legally change name in Broward County Court, please visit us immediately after the filing. You have to bring nothing than your state or federal ID, and case number issued by courthouse. We’ll handle the rest and submit your fingerprints electronically for level 2 background screening from our live scan equipment, and courthouses receive the results in less than 72 hours in most cases.
With any questions, feel free to contact us at (954) 239-8590 or visit our official webpage www.myidentico.com
Florida’s each circuit court’s family division is in charge for a legal name change procedures. Here are some facts you should know as a petitioner for a name change. F.S. 68.07 indicates all civil practice and procedures in change of name in the State of Florida and we would like to post it for your convenience:
68.07 Change of name.—
(1) Chancery courts have jurisdiction to change the name of any person residing in this state on petition of the person filed in the county in which he or she resides.
(2)(a) Before the court hearing on a petition for a name change, the petitioner must have fingerprints submitted for a state and national criminal history records check, except if a former name is being restored. Fingerprints for the petitioner shall be taken in a manner approved by the Department of Law Enforcement and shall be submitted electronically to the department for state processing for a criminal history records check. The department shall submit the fingerprints to the Federal Bureau of Investigation for national processing. The department shall submit the results of the state and national records check to the clerk of the court. The court shall consider the results in reviewing the information contained in the petition and evaluating whether to grant the petition.
(b) When a petition is filed which requires a criminal history records check, the clerk of the court shall instruct the petitioner on the process for having fingerprints taken and submitted, including providing information on law enforcement agencies or service providers authorized to submit fingerprints electronically to the Department of Law Enforcement.
(c) The cost of processing fingerprints and conducting the state and national criminal history records check required under this subsection shall be borne by the petitioner for the name change or by the parent or guardian of a minor for whom a name change is being sought.
(3) Each petition shall be verified and show:
(a) That the petitioner is a bona fide resident of and domiciled in the county where the change of name is sought.
(b) If known, the date and place of birth of the petitioner, the petitioner’s father’s name, the petitioner’s mother’s maiden name, and where the petitioner has resided since birth.
(c) If the petitioner is married, the name of the petitioner’s spouse and if the petitioner has children, the names and ages of each and where they reside.
(d) If the petitioner’s name has previously been changed and when and where and by what court.
(e) The petitioner’s occupation and where the petitioner is employed and has been employed for 5 years next preceding the filing of the petition. If the petitioner owns and operates a business, the name and place of it shall be stated and the petitioner’s connection therewith and how long the petitioner has been identified with that business. If the petitioner is in a profession, the profession shall be stated, where the petitioner has practiced the profession, and if a graduate of a school or schools, the name or names thereof, date of graduation, and degrees received.
(f) Whether the petitioner has been generally known or called by any other names and if so, by what names and where.
(g) Whether the petitioner has ever been adjudicated a bankrupt and if so, where and when.
(h) Whether the petitioner has ever been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication, and if so, when and where.
(i) Whether any money judgment has ever been entered against the petitioner and if so, the name of the judgment creditor, the amount and date thereof, the court by which entered, and whether the judgment has been satisfied.
(j) That the petition is filed for no ulterior or illegal purpose and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.
(k) That the petitioner’s civil rights have never been suspended or, if the petitioner’s civil rights have been suspended, that full restoration of civil rights has occurred.
(4) The hearing on a petition for restoring a former name may be held immediately after it is filed. The hearing on any other petition for a name change may be held immediately after the clerk receives the results of the criminal history records check.
(5) On filing the final judgment, the clerk of the court shall, if the birth occurred in this state, send a report of the judgment to the Office of Vital Statistics of the Department of Health on a form to be furnished by the department. The form must contain sufficient information to identify the original birth certificate of the person, the new name, and the file number of the judgment. This report shall be filed by the department with respect to a person born in this state and shall become a part of the vital statistics of this state. With respect to a person born in another state, the clerk of the court shall provide the petitioner with a certified copy of the final judgment.
(6) The clerk of the court must, upon the filing of the final judgment, send a report of the judgment to the Department of Law Enforcement on a form to be furnished by that department. The Department of Law Enforcement must send a copy of the report to the Department of Highway Safety and Motor Vehicles, which may be delivered by electronic transmission. The report must contain sufficient information to identify the petitioner, including the results of the criminal history records check if applicable, the new name of the petitioner, and the file number of the judgment. Any information retained by the Department of Law Enforcement and the Department of Highway Safety and Motor Vehicles may be revised or supplemented by said departments to reflect changes made by the final judgment. With respect to a person convicted of a felony in another state or of a federal offense, the Department of Law Enforcement must send the report to the respective state’s office of law enforcement records or to the office of the Federal Bureau of Investigation. The Department of Law Enforcement may forward the report to any other law enforcement agency it believes may retain information related to the petitioner.
(7) A husband and wife and minor children may join in one petition for change of name and the petition must show the facts required of a petitioner as to the husband and wife and the names of the minor children may be changed at the discretion of the court.
(8) When only one parent petitions for a change of name of a minor child, process shall be served on the other parent and proof of such service shall be filed in the cause; however, if the other parent is a nonresident, constructive notice of the petition may be given pursuant to chapter 49, and proof of publication shall be filed in the cause without the necessity of recordation.
(9) This section does not apply to any change of name in proceedings for dissolution of marriage or for adoption of children.
History.—s. 1, ch. 1324, 1862; RS 1543; GS 2007; RGS 3275; CGL 5083; s. 1, ch. 28159, 1953; s. 1, ch. 29921, 1955; s. 1, ch. 61-152; s. 17, ch. 67-254; s. 1, ch. 67-475; s. 1, ch. 73-300; s. 26, ch. 87-387; s. 1, ch. 94-304; s. 1369, ch. 95-147; s. 1, ch. 95-283; s. 86, ch. 97-237; s. 1, ch. 2004-34; s. 7, ch. 2006-176; s. 1, ch. 2009-173.
Note.—Former ss. 69.02, 62.031.
The Licensing for Liquor and Tobacco trading in the State of Florida is highly regulated and controlled. Businesses must comply both with state and federal regulation on Liquor and Tobacco Product Distribution. There is created within the Department of Business and Professional Regulation the Division of Alcoholic Beverages and Tobacco, which shall supervise the conduct, management, and operation of the manufacturing, packaging, distribution, and sale within the state of all alcoholic beverages and shall enforce the provisions of the Beverage Law and the tobacco law and rules and regulations of the division in connection therewith. It is the express legislative intent that the state retains primary regulatory authority over the activities of licensees under the Beverage Law within the power of the state and the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.
The Level 2 Background Screening for Florida Liquor License is required as part of F.S. 561.15 and F.S. 561.17
561.15 Licenses; qualifications required
(2) No license under the Beverage Law shall be issued to any person who has been convicted within the last past 5 years of any offense against the beverage laws of this state, the United States, or any other state; who has been convicted within the last past 5 years in this state or any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, or keeping a disorderly place or of any criminal violation of chapter 893 or the controlled substance act of any other state or the Federal Government; or who has been convicted in the last past 15 years of any felony in this state or any other state or the United States; or to a corporation, any of the officers of which shall have been so convicted. The term “conviction” shall include an adjudication of guilt on a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime.
561.17 License and registration applications; approved person
(1) Any person, before engaging in the business of manufacturing, bottling, distributing, selling, or in any way dealing in alcoholic beverages, shall file, with the district licensing personnel of the district of the division in which the place of business for which a license is sought is located, a sworn application in the format prescribed by the division. The applicant must be a legal or business entity, person, or persons and must include all persons, officers, shareholders, and directors of such legal or business entity that have a direct or indirect interest in the business seeking to be licensed under this part. However, the applicant does not include any person that derives revenue from the license solely through a contractual relationship with the licensee, the substance of which contractual relationship is not related to the control of the sale of alcoholic beverages. Before any application is approved, the division may require the applicant to file a set of fingerprints on regular United States Department of Justice forms for herself or himself and for any person or persons interested directly or indirectly with the applicant in the business for which the license is being sought, when required by the division. If the applicant or any person who is interested with the applicant either directly or indirectly in the business or who has a security interest in the license being sought or has a right to a percentage payment from the proceeds of the business, either by lease or otherwise, is not qualified, the division shall deny the application. However, any company regularly traded on a national securities exchange and not over the counter; any insurer, as defined in the Florida Insurance Code; or any bank or savings and loan association chartered by this state, another state, or the United States which has an interest, directly or indirectly, in an alcoholic beverage license is not required to obtain the division’s approval of its officers, directors, or stockholders or any change of such positions or interests. A shopping center with five or more stores, one or more of which has an alcoholic beverage license and is required under a lease common to all shopping center tenants to pay no more than 10 percent of the gross proceeds of the business holding the license to the shopping center, is not considered as having an interest, directly or indirectly, in the license.
(2) All applications for alcoholic beverage licenses for consumption on the premises shall be accompanied by a certificate of the Division of Hotels and Restaurants of the Department of Business and Professional Regulation or the Department of Agriculture and Consumer Services or the Department of Health or the county health department that the place of business wherein the business is to be conducted meets all of the sanitary requirements of the state.
As you see, the Liquor Licensing is regulated by Florida Department of Business and Professional Regulation. In order to get fingerprinted as part of your Alcoholic beverage manufacturer, bottler, distributor, seller licensing application please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we transmit your fingerprints for FBI Level 2 Background Check and DBPR will get the results of screening in as less as 72 hours. The cost of screening is $54.25. 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.
Consumer Directed Care Plus (CDC+) is a Medicaid program in Florida that gives the consumer the opportunity to hire workers and vendors to help with daily needs such as housecleaning, cooking and getting dressed. Even family members or friends maybe be consumers’ paid workers.The CDC+ program is operated by the Florida Department of Elder Affairs with the Department of Health and the Department of Children and Families as partners.
Currently, Florida has one of the largest vulnerable populations in the country with over 17% of the state’s citizens over the age of 65, and many children and disabled adults and DOEA provides some form of services to approximately 62,400 individuals age 60 and over. Enormous amount of cases when Florida senior and disabled adults have been beaten, neglected, and robbed by caregivers with criminal records pushed legislators to pass the Bill HB 7069 which became effective on August 1, 2010. And here are the changes in DOEA’s policies as the reflection of bill’s enactment:
•HB 7069 rewrote requirements for background screening of persons and businesses that deal primarily with vulnerable populations.
•HB 7069 increased all level I screenings to Level II for persons working with vulnerable populations such as the elderly, disabled adults and those with brain and spinal cord injuries.
•HB 7069 requires all Level II fingerprints to be submitted electronically by August 1, 2012. However, DOEA is being proactive and is meeting this requirement effective August 1, 2010.
•Another thing HB 7069 did was add a number of serious crimes to the list of disqualifying offenses. In other words, persons committing serious crimes that were previously not considered disqualifying offenses, now will be unable to be a CDC+ employee or a representative if they’ve committed a number of additional disqualifying offenses.
•Requires all fingerprints to be submitted electronically by August 1, 2012 for Level 2 Background Screening both with FDLE and FBI
•HB 7069 authorized agencies to request retention of fingerprints by FDLE.
•Each agency will review and approve/deny their own exemption requests – this means that DOEA, DCF, AHCA, and DOH will be responsible for Level II screening, and if applicable, exemption reviews, for CDC+ clients served through their respective agencies
•Level II Fingerprint-based search of FDLE and FBI databases for STATE and NATIONAL criminal arrest records becomes a standard.Level II screens offer a greater level of protection for the vulnerable people.
•Applicants will take fingerprints through the use of “livescan” device that digitally takes their fingerprints – so there is no ink used as with regular fingerprinting. The prints are then securely submitted to FDLE and then forwarded to the FBI for a NATIONAL check. The results from both the FDLE and FBI are sent to the agency within 2 or 3 days.
•FDLE maintains a list of authorized Livescan service providers on their Web site
•DOEA – Application for Exemption. In order for an applicant to be eligible to apply for an exemption they must meet the eligibility requirements which are:
-For disqualifying felonies, at least three years must have passed since release from confinement, supervision, or sanction prior to applying for the exemption.
-For juvenile delinquency offenses that would be felonies if committed by an adult, for which the record has not been sealed or expunged, at least three years must have passed since release from confinement, supervision, or sanction.
-For offenses that were felonies when committed but are now misdemeanors, you must have been released from confinement, supervision, or sanction prior .
-For disqualifying misdemeanors, you must have been released from confinement, supervision, or sanction.
•DOEA Background Screen Exemption Review Committee meets and reviews all applications for exemption from disqualification
-The Exemption Review Committee will be comprised of 2 CDC+ staff members and an attorney from the DOEA General Counsel’s office.
-The committee will review the initial report prepared by the Background Screen Coordinator.
-The committee may have a telephone conference with the applicant if they have questions or require additional information
-The committee will vote on the application and a unanimous recommendation will be prepared for the DOEA Secretary, the Secretary will either approve the application or deny it. The Secretary’s decision is final.
For readers convenience we are posting the CDC+ program background screening and exemptions forms for download:
Download: DOEA Affidavit of Good Moral Character
Download: DOEA Providers Attestation Form
In order to get fingerprinted as part of DOEA’s CDC Plus program requirement please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we electronically 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 or toll free (888) 988-8969.
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.
The team of 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.
59A-35.090 Background Screening
(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: email@example.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.
After receiving Level 2 Background Screening results from FDLE/FBI, AHCA will look if there are Disqualifying criminal offenses in the report. Descriptions of such offenses are listed in Florida Statute (F.S.), Chapter 435 and Florida Statute (F.S.), Chapter 408.809 . If a person is found to have a new disqualifying offense, or is arrested for any of these offenses, he/she is not eligible to work in a position that requires screening unless an exemption is granted. [ Reference 408.809(4) and 435.04, 435.05]
Existing employees or contractors screened, qualified and hired before August 1, 2010, that have a disqualifying offense revealed during a rescreening that was not disqualifying at the time of the prior screening, may continue to work, if the employer agrees, while applying for an exemption from disqualification as long as the employee/contractor is eligible to apply for an exemption and the application is received by the appropriate agency within 30 days after receipt of the rescreening results. This provision does not apply to staff hired before August 1, 2010, who has never been screened. [ Reference 408.809(4)]
Criminal history reports must be complete to render a decision. If a report is missing the disposition of an arrest for a disqualifying offense(s) the person screened will be notified by certified mail to obtain additional information from the arresting jurisdiction.
To correct information on a criminal history report for an offense that occurred in Florida, contact the Florida Department of Law Enforcement.
The Agency will review all screening results and a determination of “Eligible” or “Not Eligible” will be posted on our secure website. Notifications by mail will no longer be available. The website will also indicate if the individual has applied for or has a decision for an Exemption from Disqualification.
Providers may access the screening results through the Agency’s secure website at: Background Screening Results Web Site
The new law added additional disqualifying criminal offenses (includes luring and enticing a child; voyeurism, video voyeurism; and unlawful sexual activity with certain minors).
A health care provider may not hire a new employee or contract with a person until a final screening determination of “Eligible” has been made or the individual is “Not Eligible” but has been granted an Exemption from Disqualification from the Agency or the Department of Health (if seeking employment in a position that requires professional licensure or certification through the Department).
Each employee/contractor required to undergo screening must attest upon hiring that they meet the requirements for employment and agree to inform the employer immediately if arrested for any disqualifying offense. This form must be kept in the employee’s personnel file. The following Affidavit of Compliance with Background Screening may be used for this requirement.
If an employee/contractor has an arrest for a disqualifying offense and is awaiting sentencing he/she is Not Eligible to work until there is a final court disposition and the individual is determined by the Agency to be eligible.
Section 465.022, Florida Statutes requires the pharmacy permit applicant to submit fingerprints as outlined below.
An application for a pharmacy permit must include a set of fingerprints from each person having an ownership interest of 5 percent or greater and from any person who, directly or indirectly, manages, oversees, or controls the operation of the applicant, including officers and members of the board of directors of an applicant that is a corporation.
For corporations having more than $100 million of business taxable assets in this state, in lieu of these fingerprint requirements, the department shall require the prescription department manager or consultant pharmacist of record who will be directly involved in the management and operation of the pharmacy to submit a set of fingerprints.
A representative of a corporation described above satisfies the requirement to submit a set of his or her fingerprints if the fingerprints are on file with the department or the Agency for Health Care Administration, and are available to the department. If your corporation is exempt only the prints of the prescription department manager is required. If the prescription department manager prints are on file with DOH or AHCA and they were submitted after January 1, 2011 they will not have to be resubmitted. The manager must provide proof of them being on file.
IDENTICO LLC– FDLE approved live scan vendor can help. Visit our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021 or call for Mobile Fingerprinting appointment anywhere in Miami, Broward or Palm Beach County. The ORI number for the pharmacy profession is EDOH4680Z, and we’ll submit your fingerprints electronically.With electronic fingerprinting, there is no ink or card. Your fingerprints are “rolled” across a glass plate and scanned. It is faster and cleaner than the traditional method. Electronic fingerprinting reduces the likelihood of illegible fingerprints and will reduce the overall application processing time. It takes only 5-10 minutes to complete the sets of legible prints. Have your IDs, know your social, have a payment of $80.00/applicant ready and let us handle the rest.
The DOH retrieves the fingerprint results from the Florida Department of Law Enforcement through a secure web site, however for a faster processing all following records shall be included into submission:
Social Security Number (if the SSN is not included, the results will not appear on the Agency’s Results website)
Date of Birth
Pharmacy Address (address information should be separated by commas: street, city, state, zip)
FDLE will only retain the criminal results from applicants for a period of one year from the date the fingerprints were rolled. Applicants should submit their applications soon after submitting their fingerprints in order to afford themselves an opportunity to resolve any application deficiencies prior to the expiration of the criminal history results.
Call us today, and we’ll assist you to comply with requirement for community permittee to be re-permitted in order to dispense controlled substances listed in Schedule II and III on or after July 1, 2012.
The number to call is (954) 239-8590 or (888) 988-8969. We are open Monday to Thursday 9AM-5PM, Fridays 9AM-4PM, and Saturdays 9AM-12PM. Visit our official website www.myidentico.com for more information.