fingerprint

1. What is the difference between the National Child Protection Act (NCPA) and the Volunteers for Children Act?

 

Names you may hear that refer to the same federal law and its amendment are as follows: the National Child Protection Act, the Foley Act, and the Volunteers for Children Act.  These laws are sometimes named for sponsors or persons who supported the new laws or amendments.  For the purposes of the available criminal history information, these different names refer to the same basic law.  Section 943.0542 of the 1999 Florida Statutes was enacted to implement this federal legislation.

 

2. On what legislation is the VECHS program based?

 

The Florida Department of Law Enforcement initiated the VECHS program in 1999, after the Florida Legislature enacted section 943.0542 of the Florida Statutes (1999).  This statute is based upon the National Child Protection Act (NCPA), as amended.  The federal guidelines for the NCPA offer further interpretations of the NCPA, along with mandates for states that choose to implement corresponding legislation and programs.  The federal guidelines apply to the interpretation of our legislation in Florida, and therefore, to the implementation of the VECHS program.

Although FDLE desires to offer the broadest services and protection available under the authorizing legislation, we are not permitted to expand the parameters of the governing laws.

 

3. What is a “qualified entity”?  Who can obtain criminal history record checks under the NCPA and section 943.0542, Florida Statutes?

 

To be qualified to participate in the VECHS program, an entity must provide some type of “care” or “care placement services” for children, the elderly, or the disabled, even if only as a limited part of the entity’s overall business.  Once qualified to participate in the program, an entity may request criminal history information on all current and prospective employees and volunteers, not only those who work with vulnerable persons.  A qualified entity may also request criminal history information on employees or volunteers who have or who seek to have unsupervised access to the populations described above.

“Qualified entities” are authorized to obtain criminal history record information as described under the NCPA and related federal guidelines.  Under the NCPA and our Florida statute, a “qualified entity” is a business or organization, whether public, private, for profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.  “Care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.

 

4. If I am now required to only obtain state criminal history record checks, can I request the additional national check through the VECHS program?

 

This program does not apply to those entities or persons currently required to have criminal history record checks under other statutory provisions. These entities and persons should continue to follow the statutory mandates that specifically apply to them. One exception to this might be for entities now required to obtain only state record checks on some or all of their employees or volunteers. If these entities wish to also obtain national record checks on the same employees or volunteers, the VECHS program may be able to assist by processing their required state checks, along with the national checks, through one system.

If an entity is required to obtain state and national checks on only specific types of employees or volunteers, the VECHS program may be able to process requests for state and national checks on the entity’s other employees or volunteers.

 

5. Who are considered “children, the elderly, or individuals with disabilities” under the applicable laws and the VECHS program?

 

The term “child” means any unmarried person under 18 years of age, who has not been emancipated by order of the court. An “elderly person” is a person who is 60 years of age or older. “Individuals with disabilities” are persons with a mental or physical impairment who require assistance to perform one or more daily living tasks.

 

6. How can my organization become a qualified entity?

 

If you believe your business or organization meets the criteria of a “qualified entity”, you may download and complete a copy of the Qualified Entity Application and the User Agreement from  http://www.fdle.state.fl.us/content/getdoc/9023f5ac-2c0c-465c-995c-f949db57d0dd/VECHS.aspx. Or you may contact the VECHS Unit at the Florida Department of Law Enforcement at (850) 410-VECHS (850-410-8324), to request a copy of each document be mailed to you.

Your next step would be to complete the application, explaining what functions the entity performs that would serve children, elderly or disabled persons, and whether the requests for criminal history records would be for your entity’s employees or volunteers. You would then have an authorized representative of the entity sign the User Agreement, stating that your entity will abide by all laws, regulations, and instructions pertaining to this program, particularly that your entity will use the criminal history information supplied through the program only to screen your entity’s employees and volunteers.

When you have completed the Qualified Entity Application and User Agreement and obtained the necessary signatures from a representative of your entity, you will need to send the originals of both documents to the VECHS Unit. We will accept an initial faxed copy of both documents, to expedite the qualifying process. However, prior to forwarding fingerprint cards to your entity or processing any requests for criminal history record checks, we will need the original, signed application and agreement from your entity.

 

7. What happens once I submit my Qualified Entity Application and User Agreement?

 

FDLE staff will review the application. If it is determined that your organization meets the requirements, FDLE will provide you with:

•Instructions regarding how to submit the fingerprint cards and payments for the criminal history information.

•Fingerprint cards on which the employees or volunteers will have their fingerprints rolled.

•A Waiver form must be signed by the employee or volunteer.

 

8. If my entity is governmental and we currently obtain some state and national checks for certain employees, can we use our current ORI number to receive state and national criminal history checks on other employees or volunteers through the VECHS program?

 

No, you may not use any ORI Number you have been assigned previously to process your requests for record checks through the VECHS Program. Upon your approval to participate in the VECHS program, depending upon the volume of fingerprint cards you predict you will need, FDLE will either provide you with fingerprint cards preprinted with the VECHS Program ORI Number, or we will request the FBI to issue your agency a new ORI number and to mail you new fingerprint cards preprinted with this new number for your use with the VECHS Program.

 

9. If my organization is approved to participate in the VECHS program, will my organization be required to obtain criminal history record checks on my current or prospective employees and volunteers?

 

Participation in the VECHS program is strictly voluntary for those organizations that are not otherwise required to obtain criminal history record checks on their employees and volunteers. The NCPA does not replace the existing Florida statutes that mandate state and national criminal history record checks for employees of specified caretaker programs, which include, but are not limited to the following: school district instructional and non-instructional personnel; nursing home administrators and financial officers; and child care, substance abuse, mental health, and developmental service programs. If your organization is presently required to obtain criminal history checks on employees and/or volunteers, you must continue to do so under the applicable Florida law.

 

10. Is there a fee for this service?

 

Yes. There are both State and National fees associated with conducting background checks through VECHS. Electronic Fingerprint Submission by IDENTICO LLC is rated as $47.25 for volunteers and $54.25 for employees. Screening is made on live scan equipment.

 

11. What will I receive when I submit the request for criminal history check

 

If FDLE qualifies your entity to participate in the VECHS program, and your entity submits authorized requests and payment for criminal history record information to FDLE, FDLE/the FBI will provide either of the following to your entity, for each criminal history record request:

a) a notification that the individual as described the fingerprint card does not have a criminal history record; or

b) a copy of the individual’s criminal history record. In addition, FDLE will advise the entity if the individual is subject to a Florida warrant for arrest or a Florida Domestic Violence injunction and what agency has the warrant for injunction.

 

12. How long will it take me to get the results?

 

The NCPA requires FDLE and the FBI to make a reasonable effort to return your criminal history information within 15 business days. This does not include mail time. Currently, FDLE processes Florida record checks within approximately five or less business days from the date appropriate requests for criminal history record checks and payments are received. FDLE is constantly exploring alternative ways to reduce this turnaround time. Errors on the fingerprint cards or in the amount of the payment may require additional time to process the requests or may require the requests to be returned to your correction.

FDLE is able to obtain both state and national responses more quickly if the fingerprints are submitted in an automated form from a live scan device. These devices are expected to become more and more available to applicants over the next few years. They allow for the fingerprints to be sent immediately to FDLE. The FDLE and the FBI processing are completed in about three working days, at which time the customer can retrieve state and national results on the applicant.

 

13. How should my organization use the results of our requests for criminal history records check?

 

You will need to review the information to determine if there is any reason that the employee or volunteer should not be allowed to work with children, the elderly, or the disabled. If no criminal history record is found, you should not necessarily assume that there are no risks to employing or using the volunteer services of the individual. Simply stated, “no record” means that he or she does not have an arrest or conviction known to FDLE or the FBI. Other recommended practices would include checking former places of employment, conducting neighborhood interviews, obtaining information from local law enforcement agencies, and asking for more information from individual.

If the employee or volunteer has a criminal record, you should evaluate whether the individual should be permitted contact with children, the elderly, or the disabled. Neither the National Child Protection Act nor Florida law governing the VECHS program defines specific criteria to use during this evaluation of an entity’s employee or volunteer. Therefore, FDLE does not set specific criteria either.

Background screening by your organization may already be covered under other statutory provisions. Your organization will need to comply with all required screening criteria under these laws. If these laws apply to you, and if your organization should decide to disqualify an individual during the screening process the employee or volunteer may have a right to contest or request an exemption from the disqualification. Please consult with your legal representative for more advice on these provisions and how they apply to your organization.

The U.S. Department of Justice has published a document that might be helpful to your organization as you screen your current and prospective employees and volunteers: Guidelines for the Screening of Persons Working with Children, the Elderly, and Individuals with Disabilities in need of support. (April 1998).

 

Juvenile Justice Clearinghouse (NCJRS)

P. O. Box 6000

Rockville, MD 20849-6000

Phone: 1-800-638-8736

Fax-on-Demand: 1-800-638-8736 (restrictions apply)

Online: www.ncjrs.org/ojjhome.htt

 

You may also exchange the results of your state and national criminal history record checks with those of other qualified entities, if the employee or volunteer has agreed to this in the Waiver form signed at the time of fingerprinting, and if youfollow specific procedures in recording the exchange of the information. This exchange of information, depending on its timeliness, may assist you and other qualified entities in reducing the costs of criminal history records checks on the same persons. It may also assist all qualified entities in screening out those employees or volunteers who should not be in contact with vulnerable individuals.

 

14. Can I get information from other qualified entities if they have already checked my employees and volunteers?

 

You may obtain criminal history information from other qualified entities, if the employee or volunteer agreed to this on the Waiver form required to be signed when he/she was fingerprinted, and if the transfer of information is recorded by the other qualified entity on its Dissemination Log. The restrictions on this process described in the User Agreement qualified entities must sign.

 

15. For what period of time should I rely on the criminal history record that I received on employee or volunteer?

 

The criminal history repository is a dynamic file with new arrests added daily and changes frequently. Currency of information is critical because the qualified entities will want to know about all arrests, no matter how recent. On the practical side, however, the qualified entities will not be able to request the criminal history information daily. Each qualified entity will have to determine how frequently its employees or volunteers need to be checked. The qualified entity will also need to determine whether criminal history information available from another qualified entity is too old to use for its screening purposes.

 

16. What if there is no disposition in the criminal history record showing what happened in court?

 

When the court disposition of a Florida arrest is sent to FDLE, it is added to the criminal history record. If there is an arrest in the Florida criminal history record of the employee or volunteer that does not reflect a court disposition, FDLE will not have any further information on that specific arrest. The qualified entity may determine if the nature of the arrest is something that it would be concerned about if the employee or volunteer were convicted. If the court disposition is important, the qualified entity may call the Clerk of Court in the county where the arrest took place. The Clerk will retrieve and provide the court disposition if one is available. There may be a charge for this service depending on which county you contact. FDLE has a list of phone numbers for Florida Clerk of Court. This will be provided to qualified entities.

When the court disposition on an arrest from another state is missing, the same process can be followed. FDLE, however, does not have a listing for all of the Clerks of Court or their equivalent in other states. If the qualified entity needs the court disposition in these cases, it will be necessary to work with the repository in the state of arrest or contact the court which heard the case.

 

17. Why aren’t sealed and expunged data returned to VECHS entities?

 

Florida law restricts the dissemination of sealed and expunged data to agencies and purposes outlined in the law itself. See s. 943.0585 (4)(a), Florida Statutes for more details.

 

18. Is it possible that VECHS agencies will be able to access criminal history records with terminals connected directly to FDLE?

 

VECHS entities are allowed to access criminal record information only after the submission of descriptive and fingerprint information on the employee or volunteer. There is no direct terminal access for this access. However, VECHS entities can submit the data from a “livescan” device which transfers the data electronically to FDLE and allows the electronic transfer of results in two or three working days.

 

19. Can I contact my local law enforcement to do VECHS check?

 

Law enforcement agencies are not authorized to conduct searches for VECHS entities through the Florida Crime Information Center. If they do so, the agency could be cut off and not allowed to access state or national criminal information systems. Local agencies may provide data from local systems. The only authorized way for the VECHS entity to obtain state or national criminal information is through the submission of fingerprint card or through approved live scan vendors.

 

20. How often will VECHS audits be performed?

 

There is not a scheduled time for VECHS audits. They will be scheduled periodically and a sample of agencies will be audited. Some audits may be conducted via a telephone interview, a letter asking specific questions or an on-site audit. When questions arise regarding the confidentiality or the security of information from a specific qualified entity, FDLE may conduct an audit of the entity to ensure the all provision in the user agreement are being enforced.

 

21. If I deny a person the opportunity to volunteer with or be employed by the qualified entity, may I give a copy of the FDLE and FBI criminal record to this applicant? What if the applicant indicated that record is incorrect?

 

If a person challenges his or her opportunity to volunteer or be employed, and the reason for the decision was based on criminal history results, the person can be shown the criminal history record after ensuring the identity of the requestor. If the challenge results in civil litigation, a copy of the record can be provided for the purpose of a hearing, but cannot be part of any record or file available to the public.

If the person believes his or her criminal record is in error, he or she may contact FDLE in correcting the record.

 

22. Does FDLE maintain the records of all arrests, including Notices to appear and direct files?

 

FDLE’s criminal record repository contains information on all arrested persons in Florida where the arresting agency submitted a fingerprint at the time of the arrest. For the most part, this means that all felony and serious misdemeanor arrests are available. However, if there was not an arrest but, rather, a Notice to Appear was issued or the State Attorney issued a Direct File, this information would not be “fingerprint based” and therefore not be contained in the criminal repository.

 

23. Does FDLE maintain a record of all criminal history records in the nation or just for the state of Florida?

 

The FDLE repository contains Florida arrest information only. Arrests by the federal government or another state are not included in the Florida repository. VECHS customers are eligible for the out-of-state criminal record information and will be provided it either directly from FBI or FDLE.

 

24. May VECHS fingerprints be submitted electronically from livescan device?

 

Live scan devices allow for fingerprint information to be sent to FDLE electronically which speeds up the entire process. The descriptive data on the applicant as well as the fingerprints are sent in electronically to FDLE. The state and national criminal record search results are packaged together for each applicant and are made available to the regulatory agency within two to three working days.

If your organization is a private school in need for criminal history search on staff and volunteers, or maybe background checks are required for your school in order to participate in scholarship programs, then VECHS program run by Florida Department of Law Enforcement (FDLE) is exactly what you need.

 

VECHS (Volunteer and Employee Criminal History System) program had been established by FDLE to assist with checking the background of persons who work or volunteer with children, the elderly, or the disabled under the National Child Protection Act (1993), as amended, and section 943.0542, Florida Statutes (1999). VECHS program is created for entities not required to obtain Level 2 background screening clearance according to statutory provision.

 

First of all contact The Florida Department of Education (DOE) Office of Independent Education and Parental Choice and verify who exactly in your organization is required to be fingerprinted. Next step is the enrollment into VECHS program and this is how you do it. Private schools are authorized to participate in FDLE’s Volunteer and Employee Criminal History System (VECHS) because of the service they offer to Children. VECHS is a voluntary program — however; under the provisions of Section 1002.421, F.S., private schools participating in scholarship programs must conduct criminal history record checks on employees and contracted personnel. Those criminal history checks will be conducted through the FDLE VECHS program.

 

Enrollment materials include the VECHS Application and User Agreement. Both of these documents must be submitted to FDLE via mail as they must be signed by the appropriate school authority. The forms may be printed from the internet, completed, signed and mailed to FDLE.FDLE will mail these forms to private schools upon request.

 

Here is the description of what is involved in screening process after your entity is signed up. You will be provided with a packet of information from the VECHS program. It will include:

A cover letter giving your account numbers to use. These are your Qualified Entity Numbers. One is for employees and contracted personnel and the other is for volunteers. While s. 1002.421, F.S. indicates that, in order to receive scholarship money, employees and contracted personnel must submit fingerprints, some schools may want to check volunteers as well. Using the volunteer entity number for checking volunteers will result in a reduced fee.

 

Forms and information for submitting fingerprints electronically. These forms are required regardless of whether your private school purchases a livescan device or if the employees and contracted personnel go to a “service provider” or another livescan device owner and have the fingerprints taken and submitted by this company.

 

Fingerprint cards and instructions on how to complete them. As of July 1, 2007, submissions for employees and contracted personnel must be made electronically. You have the choice of continuing to submit your volunteers via hard card fingerprint card or you can submit them electronically.

 

A Private Schools Waiver Agreement and Statement to be signed by each employee, contracted person or volunteer that you submit.

Contacts for criminal record repositories in other states which are useful in obtaining additional criminal history information.

Florida Clerks of Court and their contact information. This contact information may be needed when there is an arrest in Florida but the criminal record does not indicate whether the offender was convicted.

Instructions as to how a person can obtain his or her own criminal record for review and possible correction, which may be given to an employee, contracted person or volunteer.

 

A sample dissemination log which must be used if a private school shares criminal history information with another private school. Private schools may NOT share criminal history information with any VECHS entities except other private schools registered with VECHS. Private schools are the only VECHS entities authorized to receive sealed information and expunge notifications.

 

Similarly, private schools may not use criminal history results obtained for employees or contracted personnel for volunteers or vice versa. If a volunteer becomes an employee, that person’s fingerprints should be submitted again under the Employee Qualified Entity Number; the volunteer results should NOT be used to screen the candidate as an employee. Likewise, employee results should not be used to screen a person for a volunteer position. The rules for criminal history information sharing are included in the User Agreement, signed by all private schools participating in the VECHS program.

 

∗ Reminders of important provisions regarding the VECHS program.

∗ Fingerprint card submission checklist.

∗ Results definitions.

∗Instructions for procedures for “name‐based” searches from the FBI to be used when the subject’s fingerprints are rejected twice based on poor fingerprint quality.

 

Another question, what does the law mean when it says that fingerprints must be submitted electronically?

As of July 1, 2007, s. 1002.421, F.S. requires all fingerprint submissions for employees and contracted personnel be made electronically. Fingerprints submitted “electronically” are fingerprints taken on a “livescan” device and submitted electronically to FDLE. It can also include fingerprints taken with ink on a hard copy fingerprint card that are subsequently scanned and submitted electronically to FDLE. These electronic submissions are processed through FDLE’s Civil Workflow Control System.

 

Go ahead and ask, what is the Civil Workflow Control System (CWCS)?

The Civil Workflow Control System (CWCS), pronounced “QUICKS”, is an automated system used to receive process and respond to electronic applicant submissions. Processing that once took several weeks with fingerprint cards now takes 24 – 72 hours with electronic submissions. CWCS allows different types of applicants to be scanned on a single device and allows input from a variety of livescan devices that adhere to FDLE and FBI standards and requirements.

 

Very natural question you may have, so what do I need to do to start submitting electronically?

 

∗ First, you must already be a registered VECHS entity.

∗ Second, you must complete the CWCS VECHS Customer Registration Form and return it to FDLE. Once the information is registered in our systems, you will receive an e‐mail notification that you can start submitting electronically.

∗ Third, you must make arrangement to be fingerprinted on a livescan device

 

You may ask where can I get fingerprinted on a livescan device and submit electronically.

 

Private schools have the following options in submitting fingerprints electronically:

∗ Purchase own livescan device. While the cost may be prohibitive it can be cost effective depending on the number of submissions necessary for your school.

∗ Use “service providers” like IDENTICO LLC to submit fingerprints electronically on your behalf.

∗ Inquire to other livescan device owners, such as local school boards, if they are willing to assist with your electronic submissions.

 

We know the biggest question you have, what are the costs associated with criminal history record checks for private school employees and contracted personnel?

The fee may vary from vendor to vendor, but certainly consider IDENTICO LLC as the most competitive livescan vendor with aggressive pricing. Our standard individual VECHS Employee screening rate is $54.25 and  VECHS Volunteer screening rate is only $47.25. There are some discounts available for larger groups, and it worth to consider since there is no traveling fee for groups of 10 or more employees at single location. We’ll come to you and fingerprint all teachers and volunteers with convenience and efficiency you haven’t seen before.

 

So you paid for the screening and fingerprinting, and you want to know how would you receive and view the criminal history results after submitting electronically?

Criminal history results for electronic submissions are posted to FDLE’s secure mail application called “CertifiedMail”. Once the criminal history results are ready, the private school will receive an e‐mail notification, containing the link to the application. The viewing of criminal history results will occur within this secure application.

 

There are several more frequently asked questions on fingerprinting for private schools in Florida; therefore our further questions will be in FAQ format.

 

What is meant by “retention of applicant fingerprints for reverse searches” and “arrest hit notifications”?

Section 1002.421, F.S. instructs FDLE to retain fingerprints submitted by the private school on or after July 1, 2007. Incoming Florida arrest fingerprints are searched against these retained private school fingerprints. If a fingerprint match is made on an individual, FDLE notifies the private school that the employee or contracted person was arrested, and provides the name of the county where the arrest occurred as well as contact information for the arresting agency. It is important to note fingerprints submitted prior to July 1, 2007, were not retained

 

What are the fees associated with the retention of prints?

The fee for the retention of applicant fingerprints is $6 per year per applicant. The retention of the fingerprints eliminates the necessity to have a future state criminal history record recheck at a cost of $24, since all incoming Florida arrest information is continuously compared to the retained applicant database. If a recheck is required, it would only need to be for a national criminal history record check.

 

To whom may my private school release criminal history information?

With the permission of the applicant, the criminal history information may be shared with other private schools registered with VECHS. Each VECHS private school agrees to only release criminal history information after confirming with FDLE the private school to which they are releasing the information is a current, registered VECHS entity. Such dissemination of criminal history information must be logged by noting what record was released, to whom it was released, and on what date it was released. Also, private schools are required to release the criminal history information to the Department of Education personnel consistent with the applicant’s approval on the waiver form.

 

Are owners under the same requirements as private school employees and contracted personnel?

The provisions in s.1002.42(2)(c)1, F.S., were not changed. Private school owners must have fingerprints taken and sent to FDLE for a state‐level criminal history record check upon taking ownership. FDLE will return the state criminal record or an indication that there is not a state record to the school so that it can be made available for public inspection and sent by the school to DOE. The owner fingerprint submissions must be on a fingerprint card that clearly indicates, “State check only”.

 

The owner’s fingerprint submission may not be submitted with the VECHS account information. If state and national criminal record checks are required as a part of scholarship funding, the owner will have to submit under VECHS in addition to the State Level check defined in s.1002.42 (2)(c) 1 F.S.

 

Now let us explain the definition of the word Criminal History Background Check: The term “background check” has been used interchangeably with “criminal history check” or “criminal history background check” which has caused some confusion. From the FDLE perspective, a background check is a criminal history record check to determine if a person has been arrested and/or convicted of a crime. Although some companies use the phrase background check to include drivers record checks, credit checks, or interviews with neighbors and employers, for purposes of this paper, it includes the search of following databases:

∗ The Florida Computerized Criminal History Central Repository for Florida Arrests (STATE CHECK);

∗ The Florida Computerized Criminal History Central Repository for Florida arrests AND the national criminal history database at the FBI for federal arrests and arrests from other states (STATE AND NATIONAL CHECK)

∗ The Florida Crime Information Center for warrants and domestic violence injunctions (HOT FILES CHECK)

 

The national check is based on the submission of fingerprints. For State checks, submissions maybe based on a name (or descriptors) or fingerprints.

Level 1 and Level 2 Background checks: Level 1 and Level 2 Background Checks are terms used in Florida Statutes to convey the method of the criminal record check and the extent of the data searched, however, the terms may also refer to certain disqualifying offenses if certain statutes are used as reference. Level 1 and Level 2 are terms that pertain only to Florida and are not used by the FBI or other states. They are defined in Chapter 435, F.S., but are used elsewhere in statute without definition and appear not to be associated with all of the provisions in chapter 435.

 

∗ Level 1 generally refers to state only name based check AND an employment history check

∗ Level 2 generally refers to a state and national fingerprint based check and consideration of disqualifying offenses, and applies to those employees designated by law as holding positions of responsibility or trust. Section 435.04, mandates that Level 2 background security investigations be conducted on employees, defined as individuals required by law to be fingerprinted pursuant to Chapter 435

 

It should be noted that both the state and national criminal history databases can be searched for arrests, warrants, and other information pertaining to an individual, however neither database has the capability of searching for specific offenses on an individual records

 

What is the difference between the National Child Protection Act and Volunteers for Children Act?

Names you may hear that refer to the same federal law and its amendment are as follows: the National Child Protection Act, the Foley Act, and the Volunteers for Children Act. These laws are sometimes named for sponsors or persons who supported the new laws or amendments. For the purposes of the available criminal history information, these different names refer to the same basic law. Section 943.0542 of the 1999 Florida Statutes was enacted to implement this Federal legislation.

 

On what legislation the VECHS program based?

The Florida Department of Law Enforcement initiated the VECHS program in 1999, after the Florida Legislature enacted section 943.0542 of the Florida Statutes (1999). This statute is based upon the National Child Protection Act (NCPA), as amended. The federal guidelines for the NCPA offer further interpretations of the NCPA, along with mandates for states that chose to implement corresponding legislation and programs.

The federal guidelines apply to the interpretation of our legislation in Florida, and therefore, to the implementation of the VECHS program. Although FDLE desires to offer the broadest services and protection available under the authorizing legislation, we are not permitted to expand the coverage of the governing laws.

 

Please visit http://www.myidentico.com/answers-to-all-frequently-asked-questions-about-vechs-program/ for more details on VECHS program.

As FDLE authorized live scan vendor IDENTICO LLC does everything possible to support children and student safety in the communities and schools. If you are the entity approved to use VECHS screening, please contact us with any questions or quote requests. We’ll do everything possible to keep the cost of services affordable and the quality above standards. Please call (954) 239-8590/ toll-free (888) 988-8969 or visit our official webpage for more information on all background screening and fingerprinting needs.

 

Sincerely,

 

IDENTICO LLC.

You have heard about mobile fingerprinting services, but not sure if this service is effective or applicable to your personal or business situation. IDENTICO LLC is FDLE approved live scan vendor with ability to serve your organization with mobile unit, at your location and at your convenience. We are not reading your mind, but if you need to complete any of the followings, then you need to contact us today:

 

  • You or your staff are required to get fingerprinted on live scan equipment in order to be compliant with AHCA, DCF, Department of Elderly Affairs, Medicaid Provider Services or VECHS requirement on background screening
  • You believe that it will be great if live scan fingerprinting company will come to your location and conducts a level 2 background check on all employees in one session
  • You are located and need  fingerprinting in Miami-Dade, Broward, Palm Beach or Martin County and thinking about getting fingerprinted ASAP
  • You found out that IDENTICO doesn’t charge a traveling fee if there are 10 or more individuals to be fingerprinted at single location, but even if there are less than 10 people the traveling fee can be as less as $14
  • Don’t be surprise to find out, that our Mobile Fingerprinting unit can fingerprint up-to 85 persons/ day in one single session
  • And most importantly here is the schedule of fee for live scan submissions as well as printing on hard copy fingerprint cards:

 

–  AHCA (Agency for Healthcare Administration) Level 2 Live Scan Background Screening includes all healthcare providers – $80.00/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.

 

–  DCF (Department of Children and Families) Level 2 Live Scan Background Screening. For personnel in Childcare, Mental Health, Developmentally Disabled Care, and Summer Camp programs- $62.00/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee. Consumer must present a valid OCA# number issued by regional DCF office.

 

–  APD (Agency for Persons with Disabilities) Level 2 Live Scan Background Screening, including CDC+, Medicaid Waiver, Support Coordinators and Group Homes$80.00/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee. Consumer must present a valid OCA# number issued by regional DCF office.

 

–  DOEA (Department of Elderly Affairs) Level 2 Live Scan Background Screening for Aging Network Providers & Volunteers, Long-Term Care Ombudsman Volunteers- $62/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.

 

–  DBPR (Florida Department of Business and Professional Regulations). Level 2 Live Scan Background Screening for Real Estate Sales and Brokers, Real Estate Appraisers, General Contractor, Community Association Managers, Alcoholic, Beverages and Tobacco, Home Inspectors, Mold Remediation or Assessment, Talent Agents, Athlete Agents, Employee Leasing, Slot Machine, Yacht and ship brokers License Applicants-$54.25/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.

 

–  DOACS (Florida Department of Agriculture and Consumer Services) Division of Licensing, Security and Firearm (D & G) License, Private Investigator (C or CC License), Pawn broker, and all other F.S. 493 applicants- $48.25/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.

 

–  DHSMV (Florida Department of Highway Safety and Motor Vehicles) Level 2 Live Scan Background Screening for Motor vehicle, mobile home and recreational vehicle dealers’ licensees, Commercial driving school instructors, agents and employees- $57.25/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.

 

–  Legal Name Change Petitioners in Miami-Dade, Broward and Palm Beach County Courts • FDLE criminal history expunction or sealing- $54.25/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.

 

VECHS (Volunteer & Employee Criminal History System) for qualified entities providing some type of “care” or “care placement services” for children, the elderly or the disabled- $47.25/Person for Volunteers and $54.25/person for Employees, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.

 

-FBI criminal history checks for out of country Immigration or legal matters requiring fingerprinting-12$ for hard copy fingerprinting.

 

– Public and Private School Employees and Contractors. Consumer must present a valid ORI#, OCA# or VECHS number. Fees may vary, please contact us for accurate quote.

 

-Professional and Non-Professional Guardian Program in Dade-Broward-Palm Beach- $54.25/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.

 

– Standard FBI Applicant fingerprint card (FD-258) fingerprinting for Federal and State Banking/Investment permits/licenses- 15$ for hard copy fingerprinting.

 

For more information or to schedule your appointment please contact us today at (954) 239-8590 or visit our official website www.myidentico.com, for more information. Our office is located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, and if you decide to use our in office services feel free to visit us. We have an open-door no appointment is required policy, 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.

Most of us heard that Level 2 Background Check generally refers to a state and national fingerprint based check and consideration of disqualifying offenses, and applies to those employees designated by law as holding positions of responsibility or trust. But do you know what happens to your fingerprints when they reach FBI for Level II screening. Here is some information on what exactly happens there.

 

Your prints are forwarded from state repositories, such as FDLE to FBI’s Integrated Automated Fingerprint Identification System, or IAFIS, which is a national fingerprint and criminal history system that responds to requests 24 hours a day, 365 days a year to help our local, state, and federal agencies to solve and prevent crime and catch criminals and terrorists. IAFIS provides automated fingerprint search capabilities, latent search capability, electronic image storage, and electronic exchange of fingerprints and responses.

 

Not only fingerprints, but corresponding criminal histories; mug shots; scars and tattoo photos; physical characteristics like height, weight, and hair and eye color; and aliases are included in IAFIS. The system also includes civil fingerprints, mostly of individuals who have served or are serving in the U.S. military or have been or are employed by the federal government. The fingerprints and criminal history information are submitted voluntarily by state, local, and federal law enforcement agencies.

 

IAFIS is the largest biometric database in the world, housing the fingerprints and criminal histories for more than 66 million subjects in the criminal master file, along with more than 25 million civil prints. Included in FBI’s criminal database are fingerprints from 73,000 known and suspected terrorists processed by the U.S. or by international law enforcement agencies who work with us.

 

The average response time for an electronic criminal fingerprint submission is about 10 minutes, while electronic civil submissions are processed within an hour and 12 minutes. IAFIS processes an average of approximately 162,000 ten-print submissions per day.

 

IAFIS was launched on July 28, 1999. Prior to this time, the processing of ten-print fingerprint submissions was largely a manual, labor-intensive process, taking weeks or months to process a single submission. The FBI has been the national repository for fingerprints and related criminal history data since 1924, when more than 800,000 fingerprint records from the National Bureau of Criminal Identification and Leavenworth Penitentiary were consolidated with Bureau files. The first use of computers to search fingerprint files took place in October 1980.

 

Here are the facts which can impress almost everybody.

 

  • IAFIS searches the fingerprints of over 69.4 million subjects in the National Criminal History Record File (over 295 million arrest cycles).

     

    • The civil file contains an estimated 30 million subjects.
    • Increases by 8,000-10,000 subjects each day
    • Database includes approximately:

       

      • 632,520 Active Wants
      • 566,771 Sex Offenders
  • More than 18,000 local, state, federal, and international partners electronically submit to IAFIS
  • Interstate Photo File has 11,509,127 million photos for over 6.4 million records
  • IAFIS identified 27,286 fugitives in May as a result of tenprint processing
  • Yearly Volume Tenprint Fingerprint Submissions to IAFIS:

     

    • Fiscal Year 2011 to date – 32.7 million
    • Fiscal Year 2010  – 61.3 million
    • Fiscal Year 2009 – 52.7 million
  • Average monthly transaction volume: 134,391 per day

     

    • Record High Receipts: 04/30/2010 – 300,113 within 24 hours
    • Record High Completions: 04/30/2010 – 297,816 within 24 hours

 

May 2011

 

  • Tenprint Criminal Submission Rate (related to arrests, inquiries, etc.): 53.2 percent

     

    • 95.1 percent submitted electronically
  • Tenprint Civil Submission Rate (related to employment/licensing screening, etc.): 46.8 percent

     

    • 97.1 percent submitted electronically
  • Electronic fingerprint submission rate: 96.0 percent
  • Manual (paper) fingerprint submission rate: 4.0 percent
  • Response times:

     

    • Criminal Electronic (CAR) Fingerprint SubmissionsAverage Response Time – 6 minutes and 55 seconds99.45 percent completed within one hour
    • Civil Electronic Fingerprint SubmissionsAverage Response Time – 1 hour, 34 minutes and 36 seconds99.13 percent completed within 12 hours
    • Electronic Non-Federal User Fee (NFUE) Fingerprint SubmissionsAverage Response Time – 46 seconds98.18 percent completed within 15 minutes
    • Criminal Fingerprint Card Processing Non-Urgent (CPNU) SubmissionsAverage Response Time – 31 minutes and 40 seconds100 percent completed within 72 hours

 

IDENTICO LLC is FDLE approved 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

In recent years, the demand for fingerprint-based background checks for noncriminal justice purposes has increased. Fingerprinting agencies and contractors alike have expressed concern that applicants with a criminal history record may have someone pose as the applicant for fingerprinting purposes. In response to these concerns, the FBI prepared guidelines for voluntary use in the development of policy, procedures, and practices for applicant identity verification. As FDLE approved Live Scan vendor IDENTICO LLC had implemented the majority of guidelines in our operation policies.

 

Our policies:

 

1. Since the Florida state repository (FDLE) manages the processing of fingerprint submissions to the FBI, we have ascertained that appropriate coordination and liaison with FDLE is established at that level as a preliminary step toward an applicant identity verification program.

 

2. Each of our fingerprinting technicians went through extensive 2 week long training in the capture of fingerprints (rolled or flats, and electronic or manual)

 

3. Each of our fingerprinting technicians went through extensive 2 week long training before performing duties under the scope of the identity verification program, which may include recognizing and validating authorized identification forms, identification documents, and source documents for identity confirmation. Special training is intended for employees to learn how to recognize fraudulent or counterfeit documents.

 

4. IDENTICO accepts only current and valid picture identification documents. As a primary form of picture identification, a state-issued driver’s license which meets the requirements of Public Law 109-13 may be presented by an applicant when being fingerprinted. However, in the absence of the driver’s license, for those applicants without a driver’s license, a state identification card may be presented if the state’s identification card standards are the same as for the driver’s license.

 

Applicants may provide one or more secondary documents including:

• State Government Issued Certificate of Birth
• U.S. Active Duty/Retiree/Reservist Military Identification Card (000 10-2)
• U.S. Passport
• Federal Government Personal Identity Verification Card (PIV)
• Department of Defense Common Access Card
• U.S. Tribal or Bureau of Indian Affairs Identification Card
• Social Security Card (Required by most regulating Florida State agencies for submission)
• Court Order for Name Change/Gender Change/Adoption/Divorce
• Marriage Certificate (Government Certificate Issued)
• U.S. Government Issued Consular Report of Birth Abroad
• Foreign Passport with Appropriate Immigration Document(s)
• Certificate of Citizenship (N560)
• Certificate of Naturalization (N550)
• INS I-551 Resident Alien Card Issued Since 1997
• INS 1-688 Temporary Resident Identification Card
• INS I-688B, I-766 Employment Authorization Card

 

When validating the authenticity of secondary identification documents and forms, the data and information may be supported by at least two of the following:
• Utility Bill (Address)
• Jurisdictional Voter Registration Card
• Vehicle Registration Card/Title
• Paycheck Stub with Name/Address
• Jurisdictional Public Assistance Card
• Spouse/Parent Affidavit
• Canceled Check or Bank Statement
• Mortgage Documents

 

When supplemental documentation does not support the validation of the original identification documents, IDENTICO may choose any or all of the following methods to validate the authenticity of the documents:

 

Physically examine the applicant’s photograph on the identification form/card. Visually compare the picture with the applicant in person.Compare the physical descriptors of the applicant to the documentation provided by the applicant. (i.e. height, weight, hair and eye color, age, etc.)
Request the applicant to verbally provide date of birth,address, etc. and check this against the identification forms used.
Check the applicant’s signature in person with that on the identification form.
Ensure that the identification form has not been altered in any manner.
Verify that the ID swipe machine readable data matches the data on the card when it is scanned.

 

5. When IDENTICO has a reason to believe an applicant has presented fraudulent information, we do not provide any services and ask applicants to contact local law enforcement agencies for assistance.

 

6. IDENTICO has implemented the form(s), which includes the following data provided by applicant:

 

a. Date of fingerprinting
b. Reason for fingerprinting
c. Printed name and signature of the applicant
d. Applicant’s employment information
e. ORI# and OCA# numbers of agency to receive fingerprints
f. Name of agency and physical address where fingerprinting was performed
g. Type of fingerprint capture (rolled ink, flat ink, live scan, etc.)
h. Applicant’s disclosure information

 

If you have any concerns, regarding our policies or service procedures, feel free to contact us anytime before visiting. We will gladly answer to all calls received at (954) 239-8590, and emails sent to info@myidentico.com. Our goal is to be compassionate and to understand each client’s needs, however our ID recognition and authentication policies are intended for public safety and fully compliant with state and federal laws.

 

Sincerely,

The team of IDENTICO LLC.

The Level 2 Background Screening for Florida Mortgage Broker License  is required by F.S. 494.0032

 

All license applicants  must submit fingerprints in accordance with rules adopted by the Financial Services Commission:

 

1. The fingerprints may be submitted to the registry, the office, or a vendor acting on behalf of the registry or the office.

2. The office may contract with a third-party vendor to provide live-scan fingerprinting in lieu of a paper fingerprint card.

3. A state criminal history background check must be conducted through the Department of Law Enforcement, and a federal criminal history background check must be conducted through the Federal Bureau of Investigation.

4. All fingerprints submitted to the Department of Law Enforcement must be submitted electronically and entered into the statewide automated fingerprint identification system established in s. 943.05(2)(b) and available for use in accordance with s. 943.05(2)(g) and (h). The office shall pay an annual fee to the department to participate in the system and inform the department of any person whose fingerprints are no longer required to be retained.

5. The costs of fingerprint processing, including the cost of retaining the fingerprints, shall be borne by the person subject to the background check.

 

The Florida Office of Financial Regulation will not begin its review of Mortgage Broker License application until all the items listed below have been received:

 

o Form MU1 filed through NMLS
o Statutorily required application fee and guaranty fund fee ($425 + $100)
o FBI criminal history background check results (control persons)
o FDLE criminal history background check results (control persons)
o Credit report (control persons)

 

 

Fingerprints must be submitted to a live scan vendor approved by the Florida Department of Law Enforcement, such as IDENTICO LLC. , for submission to the Florida Department of Law Enforcement for a state criminal background check and to the Federal Bureau of
Investigation for an FBI criminal background check (ORI Number: FL921050Z). The cost of fingerprint processing is $54.25/applicant and shall be borne by the applicant and paid directly to the Live Scan vendor. Resubmission of the prints for the state criminal background check may be required if incorrect information (social security number, date of birth, etc…) is provided to the Live Scan vendor. Resubmission of prints will result in additional costs to the individual being reprinted.

 

 

The Mortgage Broker Licensing in Florida is regulated by the Office of Financial Regulation.  In order to get fingerprinted as part of your Mortgage Broker Licensing application 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 the Florida Office of Financial Regulation  gets 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 for more information.

 

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 “Schedule the Appointment Now” and we’ll serve you first regardless of any wait line. We have a mobile fingerprinting unit, which can travel to your location anywhere in South Florida and gets the job done. Traveling fees may apply, please call to schedule.

 

 

The Level 2 Background Screening for Florida Mortgage Lender License  is required by F.S. 494.00611

 

All license applicants  must submit fingerprints in accordance with rules adopted by the Financial Services Commission:

 

1. The fingerprints may be submitted to the registry, the office, or a vendor acting on behalf of the registry or the office.

2. The office may contract with a third-party vendor to provide live-scan fingerprinting in lieu of a paper fingerprint card.

3. A state criminal history background check must be conducted through the Department of Law Enforcement, and a federal criminal history background check must be conducted through the Federal Bureau of Investigation.

4. All fingerprints submitted to the Department of Law Enforcement must be submitted electronically and entered into the statewide automated fingerprint identification system established in s. 943.05(2)(b) and available for use in accordance with s. 943.05(2)(g) and (h). The office shall pay an annual fee to the department to participate in the system and inform the department of any person whose fingerprints are no longer required to be retained.

5. The costs of fingerprint processing, including the cost of retaining the fingerprints, shall be borne by the person subject to the background check.

 

The Florida Office of Financial Regulation will not begin its review of Mortgage Broker License application until all the items listed below have been received:

 

o Form MU1 filed through NMLS
o Statutorily required application fee and guaranty fund fee ($500 + $100)
o FBI criminal history background check results (control persons)
o FDLE criminal history background check results (control persons)
o Credit report (control persons)

 

Fingerprints must be submitted to a live scan vendor approved by the Florida Department of Law Enforcement, such as IDENTICO LLC. , for submission to the Florida Department of Law Enforcement for a state criminal background check and to the Federal Bureau of
Investigation for an FBI criminal background check (ORI Number: FL921050Z). The cost of fingerprint processing is $54.25/applicant and shall be borne by the applicant and paid directly to the Live Scan vendor. Resubmission of the prints for the state criminal background check may be required if incorrect information (social security number, date of birth, etc…) is provided to the Live Scan vendor. Resubmission of prints will result in additional costs to the individual being reprinted.

 

The Mortgage Broker Licensing in Florida is regulated by the Office of Financial Regulation.  In order to get fingerprinted as part of your Mortgage Broker Licensing application 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 the Florida Office of Financial Regulation  gets 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 for more information.

 

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 “Schedule the Appointment Now” and we’ll serve you first regardless of any wait line. We have a mobile fingerprinting unit, which can travel to your location anywhere in South Florida and gets the job done. Traveling fees may apply, please call to schedule.

 

 

The Department of Highway Safety and Motor Vehicles shall oversee and license all commercial driver’s schools except truck driving schools. All commercial truck driving schools shall be required to be licensed pursuant to chapter 1005, and additionally shall be subject to the provisions of ss. 488.04 and 488.05.

 

The background screening requirements for Commercial driving school instructors, agents and employees are set in F.S.488.06 in form stating that:

 

The Department of Highway Safety and Motor Vehicles may suspend or revoke any license or certificate issued under the provisions of this chapter if the holder of the license or certificate or an instructor, agent, or employee of the commercial driving school has been convicted of, pled no contest to, or had adjudication withheld for any felony offense or misdemeanor offense, as shown by a fingerprint-based criminal background check, the cost of which must be borne by the applicant, instructor, agent, or employee; For purposes of this subsection, fingerprints shall be submitted by the Department of Highway Safety and Motor Vehicles to the Florida Department of Law Enforcement for state processing, and the Florida Department of Law Enforcement shall forward them to the Federal Bureau of Investigation for national processing. The Department of Highway Safety and Motor Vehicles shall screen the background check results to determine if an applicant, instructor, agency, or employee meets licensure or certification requirements.

 

We in IDENTICO LLC are helping Commercial driving school instructors, agents and employees on a daily basis. IDENTICO is FDLE approved Live Scan vendor, and we  electronically transmit fingerprints for FBI Level 2 Background Check so Florida DHSMV  gets the results of your screening in as less as 72 hours. The cost of live scan fingerprinting is $57.25. (Note* – This way you don’t have pay $40.50 to DMV along with the fingerprint card, the screening fee is included into $57.25)

 

Visit our official website www.myidentico.com or call us today (954) 239-8590 for more information or details.

 

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.

Florida Department of Highway Safety and Motor Vehicles, Division of Motorist Services is in charge for Mobile Home,Recreational vehicle and Motor vehicle dealer licensing.

 

The fingerprinting is required as part of licensing process for:

 

VF Franchised Motor Vehicle Dealer – 320.27, F.S.
SF Franchised Motor Vehicle Service Facility – 320.642(6), F.S.
VI Independent Motor Vehicle Dealer – 320.27, F.S.
VW Wholesale Motor Vehicle Dealer – 320.27, F.S.
VA Motor Vehicle Auction – 320.27, F.S.
SD Salvage Vehicle Dealer – 320.27, F.S.
BH Used Mobile Home Broker – 320.77, F.S.
DH Mobile Home Dealer- 320.77, F.S.
DH/BH Selling New Recreational Vehicles – 320.771(8), F.S.
DH/BH Selling Used Recreational Vehicles – 320.771(8), F.S.
RV New Recreational Vehicle Dealer – 320.771, F.S.
RU Used Recreational Vehicle Dealer – 320.771, F.S.

Whether the set of fingerprints is required to be collected as part of Motor Vehicle Dealer License application or application for any other license from above, IDENTICO LLC can help. We provide both fingerprint card print rolling as well as live scan fingerprinting combined with electronic submission of fingerprints.

 

We are FDLE approved Live Scan vendor, and we can electronically transmit your fingerprints for FBI Level 2 Background Check so Florida DHSMV  gets the results of screening in as less as 72 hours. The cost of live scan fingerprinting is $57.25 (Note* – This way you don’t have pay $40.50 to DMV along with the fingerprint card, the screening fee is included into $54.25).

 

The hard copy card fingerprinting is only $15 per card, and applicant is responsible to provide the fingerprint card. (Note *- The applicant would have to remit the payment of $54.25 to DMV along with fingerprint card). Visit our official website www.myidentico.com or call us today (954) 239-8590 for more information or details.

 

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.

For those individuals applying for professional and nonprofessional guardian programs with one of the county circuit courts, it is useful to know that guardianship procedures will require both criminal and credit investigations.  Criminal history search will be conducted by fingerprinting and submitting applicants’ biometric information to FDLE and FBI for state and national criminal history search. As a helpful source we are pleased to post the F.S. 744.3135 in regards to the screening of professional and non-professional guardians in the state of Florida.

 

744.3135 Credit and criminal investigation.—

 

(1) The court may require a nonprofessional guardian and shall require a professional or public guardian, and all employees of a professional guardian who have a fiduciary responsibility to a ward, to submit, at their own expense, to an investigation of the guardian’s credit history and to undergo level 2 background screening as required under s. 435.04. If a credit or criminal history record check is required, the court must consider the results of any investigation before appointing a guardian. At any time, the court may require a guardian or the guardian’s employees to submit to an investigation of the person’s credit history and complete a level 1 background screening as set forth in s. 435.03. The court shall consider the results of any investigation when reappointing a guardian. The clerk of the court shall maintain a file on each guardian appointed by the court and retain in the file documentation of the result of any investigation conducted under this section. A professional guardian must pay the clerk of the court a fee of up to $7.50 for handling and processing professional guardian files.

 

(2) For nonprofessional guardians, the court shall accept the satisfactory completion of a criminal history record check as described in this subsection. A nonprofessional guardian satisfies the requirements of this section by undergoing a state and national criminal history record check using a fingerprint card. The clerk of the court shall obtain fingerprint cards from the Federal Bureau of Investigation and make them available to nonprofessional guardians. Any nonprofessional guardian who is so required shall have his or her fingerprints taken and forward the completed fingerprint card along with the necessary fee to the Department of Law Enforcement for processing. The results of the fingerprint card criminal history record check shall be forwarded to the clerk of the court, who shall maintain the results in the nonprofessional guardian’s file and make the results available to the court.

 

(3) For professional guardians, the court and the Statewide Public guardianship Office shall accept the satisfactory completion of a criminal history record check by any method described in this subsection. A professional guardian satisfies the requirements of this section by undergoing:

 

(a) An electronic fingerprint criminal history record check. A professional guardian may use any electronic fingerprinting equipment used for criminal history record checks. The Statewide Public guardianship Office shall adopt a rule detailing the acceptable methods for completing an electronic fingerprint criminal history record check under this section. The professional guardian shall pay the actual costs incurred by the Federal Bureau of Investigation and the Department of Law Enforcement for the criminal history record check. The entity completing the record check must immediately send the results of the criminal history record check to the clerk of the court and the Statewide Public guardianship Office. The clerk of the court shall maintain the results in the professional guardian’s file and shall make the results available to the court; or

 

(b) A criminal history record check using a fingerprint card. The clerk of the court shall obtain fingerprint cards from the Federal Bureau of Investigation and make them available to guardians. Any guardian who is so required shall have his or her fingerprints taken and forward the proper fingerprint card along with the necessary fee to the Department of Law Enforcement for processing. The results of the fingerprint card criminal history record checks shall be forwarded to the clerk of the court, who shall maintain the results in the guardian’s file and make the results available to the court and the Statewide Public guardianship Office.

 

(4)(a) A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, a level 2 background screening as set forth in s. 435.04 before and at least once every 5 years after the date the guardian is registered. A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, a level 1 background screening as set forth in s. 435.03 at least once every 2 years after the date the guardian is registered. However, a professional guardian is not required to resubmit fingerprints for a criminal history record check if he or she has been screened using electronic fingerprinting equipment and the fingerprints are retained by the Department of Law Enforcement in order to notify the clerk of the court of any crime charged against the person in this state or elsewhere, as appropriate.

 

(b) All fingerprints electronically submitted to the Department of Law Enforcement under this section shall be retained by the Department of Law Enforcement in a manner provided by rule and entered in the statewide automated fingerprint identification system authorized by s. 943.05(2)(b). The fingerprints shall thereafter be available for all purposes and uses authorized for arrest fingerprint cards entered in the Criminal Justice Information Program under s. 943.051.

 

(c) The Department of Law Enforcement shall search all arrest fingerprint cards received under s. 943.051 against the fingerprints retained in the statewide automated fingerprint identification system under paragraph (b). Any arrest record that is identified with the fingerprints of a person described in this paragraph must be reported to the clerk of court. The clerk of court must forward any arrest record received for a professional guardian to the Statewide Public guardianship Office within 5 days. Each professional guardian who elects to submit fingerprint information electronically shall participate in this search process by paying an annual fee to the Statewide Public guardianship Office of the Department of Elderly Affairs and by informing the clerk of court and the Statewide Public guardianship Office of any change in the status of his or her guardianship appointment. The amount of the annual fee to be imposed for performing these searches and the procedures for the retention of professional guardian fingerprints and the dissemination of search results shall be established by rule of the Department of Law Enforcement. At least once every 5 years, the Statewide Public guardianship Office must request that the Department of Law Enforcement forward the fingerprints maintained under this section to the Federal Bureau of Investigation.

 

(5)(a) A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, an investigation of his or her credit history before and at least once every 2 years after the date of the guardian’s registration with the Statewide Public guardianship Office.

 

(b) The Statewide Public guardianship Office shall adopt a rule detailing the acceptable methods for completing a credit investigation under this section. If appropriate, the Statewide Public guardianship Office may administer credit investigations. If the office chooses to administer the credit investigation, the office may adopt a rule setting a fee, not to exceed $25, to reimburse the costs associated with the administration of a credit investigation.

(6) The Statewide Public guardianship Office may inspect at any time the results of any credit or criminal history record check of a public or professional guardian conducted under this section. The office shall maintain copies of the credit or criminal history record check results in the guardian’s registration file. If the results of a credit or criminal investigation of a public or professional guardian have not been forwarded to the Statewide Public guardianship Office by the investigating agency, the clerk of the court shall forward copies of the results of the investigations to the office upon receiving them.

 

(7) The requirements of this section do not apply to a professional guardian, or to the employees of a professional guardian, that is a trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state.

 

History.—s. 30, ch. 89-96; s. 1076, ch. 97-102; s. 2, ch. 97-161; s. 10, ch. 99-277; s. 5, ch. 2002-195; s. 10, ch. 2003-57; s. 114, ch. 2003-402; s. 12, ch. 2004-260; s. 22, ch. 2004-267; s. 8, ch. 2006-178; s. 1, ch. 2007-127.

 

As part of application with probate division of circuit courts each guardian will be required to accompany the Copy of the Court Monitor’s Approval for Year, Professional Guardian Processing Fee, Registration with Statewide Public Guardianship Office, and the copy of the blanket bond. In addition to the guardian will have to provide the proof of level 2 background screening clearance. The consent for a background check in accordance with Florida Statutes Chapter 744 which includes, but may not be limited to, a check of credit, FDLE, FBI, employment, and Department of Children and Families will be required from guardianship applicant.

 

IDENTICO is FDLE authorized live scan vendor with the capacity to electronically fingerprint and submit the data for level 2 background screening. We are currently serving professional guardian and nonprofessional guardians in Miami-Dade Court, Broward Court and Palm Beach County Court. Call us at (954) 239-8590 and don’t hesitate to ask your questions. For more inforamtion or to schedule an appointment please visit us online at http://www.myidentico.com

Sincerely,

IDENTICO LLC.

Who runs this Blog?

IDENTICO LLC is FDLE approved live scan vendor providing Level 2 background screening and fingerprinting services for AHCA, DCF, APD, VECHS, DBPR, DOEA providers, Name Change Petitioners and to many others.

Please call (954) 239-8590 or (888) 988-8969 for more information or visit our official web-page http://www.myidentico.com.
We gladly respond to all emails sent to info@myidentico.com

With Mobile Fingerprinting Unit we serve providers Broward, Miami-Dade, Palm Beaches and Martin County.

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