Florida Department of Law Enforcement

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.

Applicants for Florida State Agencies Level 2 Background Check Clearance can use any Livescan vendor that has been approved by the Florida Department of Law Enforcement to submit their fingerprints to the department. Please ensure that the Originating Agency Identification (ORI) number is provided to the vendor when you submit your fingerprints. If you do not provide an ORI number or if you provide an incorrect ORI number to the vendor, the requesting regulatory agency will not receive your fingerprint results. The applicants are fully responsible for selecting the vendor, and IDENTICO– FDLE approved live scan vendor can assist you with determination that submission of the fingerprints is made to the proper state agency.

 

1. How do I find a Livescan vendor in order to submit my fingerprints to the department?
If you are reading this post, you already found one. IDENTICO is FDLE approved livescan vendor, but for the list of livescan vendors near you please visit

 

http://www.fdle.state.fl.us/Content/getdoc/941d4e90-131a-45ef-8af3-3c9d4efefd8e/Livescan-Service-Providers-and-Device-Vendors.aspx#Service_Providers.

 

2.What information must I provide to the Livescan vendor I choose?
a) If you are an applicant seeking a level 2 clearance with AHCA, DCF, DOEA or applying for license for any profession regulated by the Department of Business and Professional Regulation, which requires a criminal background search as a condition of licensure, you must provide accurate demographic information at the time your fingerprints are taken, including your Social Security number. AHCA, DCF, DBPR and most other state agencies will not be able to process the submission that does not include your Social Security number (except for DBPR Liquor & Tobacco license applicants that are not citizens of the United States).
b) Please make sure that you clearly identify the profession or Agency whose clearance or license you are seeking and submit your fingerprints payment to the live scan vendor. Any inaccurate information that you provide could cause a delay in processing your request.
c) You must provide the correct ORI number

 

3. Where do I get the ORI number to submit to the vendor?
Requesting state agency shall provide you with ORI# number, but in most cases we in IDENTICO have the correct ORI# numbers for the required submission.
FDLE will only retain the criminal results from applicants for a period of six months from the date the fingerprints were rolled. Applicants for DBPR 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.

 

4. How does the electronic fingerprinting process actually work?
In the traditional method of fingerprinting, ink is applied to each of your fingers which are then “rolled” across a fingerprint card to obtain your prints. With electronic fingerprinting also known as live scan 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.

 

5. How long will it take to have my fingerprints scanned?
It should only take approximately 5-10 minutes.

 

6. How much does electronic fingerprinting cost?
The total fee charged by each vendor varies. Please contact IDENTICO to obtain this information or visit

http://myidentico.com/fbi-screening.html

for the price list. The fingerprint results are usually received by the requesting state agency in two to four days after your fingerprints are scanned.

 

7. What do I need to bring with me to the Florida electronic fingerprinting site?
All applicants will be required to bring two (2) forms of identification to the electronic fingerprinting site on the day of fingerprinting. One of the two types of identification must bear your picture and signature such as a driver’s license, state identification card or passport.

 

8. I submitted my fingerprint through an FDLE approved vendor, but I have now received a deficiency letter regarding my fingerprints or my employer did not receive any results of my screening? What should I do?

As of the date of the mailing of the deficiency letter, your electronic fingerprinting results have not been transmitted to requesting agency or were submitted with information not matching you application with employer or information on file at licensing agency. Don’t take a chance and don’t use the questionable vendors. Contact few vendors with your questions and see whether customer service is knowledgeable, speaks your language, and can guarantee the timely and correct submission. IDENTICO should be the vendor of your choice, feel free to ask for our referrals, credentials or experience. Call us today (954) 239-8590 or visit our official page at www.myidentico.com

 

9. What should I do if I am notified by regulatory state agency that the Florida Department of Law Enforcement or the Federal Bureau of Investigation determined my electronic fingerprints were illegible?
The electronic fingerprint scanning machines are equipped to determine if your fingerprints scanned successfully; however, if it is determined by the Federal Bureau of Investigation that your prints were not legible, regulatory state agency will send you a notification letter asking you to go back to the same vendor that did your initial prints and schedule a re-roll of your prints. You will be required to bring the notification letter with you as information such as the TCN (Transaction Control Number) and TCR (Transaction Control Reference) must be identified and used at the time of the reroll. There  re-roll of your fingerprints is free at IDENTICO when you provide the TCR# number.

 

10. How long are my fingerprints valid for?
Each Florida agency retain the results of prints for a various time frame. The clearance with AHCA, DCF or APD is valid for 5 years, and re-screening is required every 5 years. DBPR will retain the results of the prints for 24 months (12 months for Real Estate/Real Estate Appraisers) from the date your digital fingerprints were electronically received by the Florida Department of Law Enforcement. FDLE retains the prints for 180 days only. If your prints have expired at the time your application is submitted to the licensing agency, you will be required to submit new prints again.

 

11. Can I use my recent prints to apply for another professional license?
Your prints cannot be shared between professions or with other agencies. You are required to have separate prints for each license you are applying for.

 

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.

Attention APD Providers,

 

On May 17, 2010, Governor Crist signed House Bill 7069 into law. This law substantially rewrites requirements and procedures for background screening of the persons and businesses that deal primarily with vulnerable populations, including all direct service providers screened pursuant to section 393.0655, Florida Statutes.

 

Key changes made by the bill:

 

• Prohibits any person required to be screened from beginning work until the screening process has been completed.

• Increases all Level 1 screening to Level 2 screening.

• Requires all fingerprints to be submitted through Livescan by July 1, 2012.

• Requires all direct service providers for Agency clients to complete Level 2 background screening.

• Adds additional crimes to the list of disqualifying offenses.

• Provides that any person who has been arrested for a disqualifying offense may not provide direct services to an agency client until final disposition of the alleged offense.

• Authorize agencies to request the retention of fingerprints by the Florida Department of Law Enforcement.

• Provides that an exemption for a disqualifying felony may not be granted until at least three years after the completion of all sentencing sanctions for that felony.

• Requires that all exemptions from disqualification be granted only by the agency head.

 

The following offenses were added to the list of disqualifying offenses for all persons screened pursuant to section 435.04, Florida Statute (F.S).

 

• (m) section 787.025; luring or enticing a child for an unlawful purpose

• (t) section 794.05; unlawful sexual activity with certain minors

• (y) section 810.02; burglary

• (z) section 810.14; voyeurism, if a felony

• (aa) section 810.145; video voyeurism, if a felony, and

• (uu) section 944.40; escape

In addition to the offenses added to 435.04, F.S., the following offenses have been added to the screening requirements of section 393.0655, F.S.:

• (c) section 409.920; relating to Medicaid provider fraud

• (d) section 409.921; relating to Medicaid fraud

• (e) section 817.034; relating to fraudulent acts through mail, wire, radio, electromagnetic, photoelectronic, or photooptical systems

• (f) section 817.234; relating to false and fraudulent insurance claims

• (g) section 817.505; relating to patient brokering

• (h) Section 817.568; relating to criminal use of personal identification information

• (i) section 817.60; relating to obtaining a credit card through fraudulent means

• (j) section 817.61; relating to fraudulent use of credit cards, if the offense was a felony

• (k) section 831.01; relating to forgery

• (l) section 831.02; relating to uttering forged instruments

• (m) section 831.07; relating to forging bank bills, checks, drafts, or promissory notes, and

• (n) section 831.09; relating to uttering forged bank bills, checks, drafts or promissory notes

 

Providers who are currently enrolled are not required to be rescreened until their 5-year rescreening or rescreening is required pursuant to section 393.0655, F.S., section 393.0657, F.S., or chapter 435, F.S. There is a strong possibility that employees and providers that have cleared background screening may present with prior offenses that are now disqualifying. The Agency for Persons with Disabilities will coordinate with the Department of Children and Families to effectively deal with these issues.

 

This change in law takes effect August 1, 2010. If you have any questions or if we can be of any assistance, please contact IDENTICO LLC today. We are FDLE authorized live scan vendor with capacity to fingerprint APD providers in APD Area 15, APD Area 9, APD Area 10 and APD area 11. We work cooperatively with DCF background screening units and assist clients with any questions related to live scan fingerprinting, level 2 background checks and support in communication with DCF screeners.

 

Please contact us today by calling (954) 239-8590 or visit us online at www.myidentico.com. The fee for electronic fingerprinting for APD is only $80.00, just bring your ID and OCA number, and we’ll handle the rest.

 

Sincerely,

IDENTICO LLC.

CDC+ Background Screening Process Information

 

1. Consumer Directed Care Plus (CDC+) participate/representative (the employer) selects prospective employee/ independent contractor to provide services.

 

2. CDC+ Employer has good moral character form filled out and notarized for the prospective employee/independent contractor.

 

3. CDC+ Employer gives background screening packet to the prospective employee/independent contractor who completes the forms and then goes to an approved Florida Department of Law Enforcement (FDLE) vendor to get his fingerprints taken. The fingerprint vendor (who took the prints) is responsible for sending results to FDLE. This must be accomplished using the CDC + ORI/OCA codes.

 

4. Background screening is completed by (FDLE)/Federal Bureau of Investigation (FBI) and results returned to Department of Children and Families (DCF) or Agency for Persons with Disabilities (APD).

 

5. DCF determines eligibility and emails the clearance letter to APD for Area staff to print and provide to CDC+ Consultant.

 

6. CDC+ Consultant gives clearance letter to CDC+ employer to place the clearance letter, the good moral character form, and local checks if completed in the employee file for review as needed.

 

7. The CDC+ employer will retain a copy of the completed background screening packet in their CDC+ file as part of their employee files to be available upon request for review.

 

8. CDC+ employers can share copies of the clearance letter with other CDC+ employers. The new employer must ensure there has not been a break in employment of more than 90 days. Such person must attest under penalty of perjury to not having been convicted of a disqualifying offense since completing their last screening (Good Moral Character form).

 

9. Effective August 2010, Florida’s background screening laws changed to require that all employees of CDC+ participants pass a level 2 background screening before they can begin working for the CDC+ participant who is their employer. A CDC+ participant may share the results of his or her employee’s background screening with another CDC+ participant in order for the other CDC+ participant to use the results as proof of the employee’s having passed the background screening. However, it is the responsibility of the CDC+ participant who receives the background  screening results to make sure the employee in question was employed during that time with no break in employment longer than 90 days.

 

10. If it is a Provider Agency, (i.e. staffing agency for nursing services, Adult Day Training, etc.) then the letter is provided to screened employee after the screening is completed and the Provider Agency would maintain the file for review as the CDC+ employer is subcontracting with this agency.

 

NOTE: The CDC+ Employee can always ask for the scheduled employee coming to the consumer home to bring a copy of the employee clearance letter to ensure that the Agency has conducted the employee screening and the CDC+ employee can be assured that the employee providing direct care to consumer is compliant with the law.

 

IDENTICO LLC is FDLE authorized Live Scan vendor serving APD and CDC+ providers in Area 15, Area 9, Area 10 and Area 11. We can travel to almost every location in Martin County, Palm Beach county, Broward County and Miami Dade County and fingerprint larger groups with our mobile fingerprinting unit. With any question related to APD and CDC+ background screening please call us at (954) 239-8590 or visit us online at www.myidentico.com for more information. You can also schedule the appointment and visit our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021. Bring your ID and OCA# number, the cost of screening is $80.00

 

Sincerely,

IDENTICO LLC.

408.809 Background screening; prohibited offenses.—

 

(1) Level 2 background screening pursuant to chapter 435 must be conducted through the agency on each of the following persons, who are considered employees for the purposes of conducting screening under chapter 435:

 

(a) The licensee, if an individual.

(b) The administrator or a similarly titled person who is responsible for the day-to-day operation of the provider.

(c) The financial officer or similarly titled individual who is responsible for the financial operation of the licensee or provider.

(d) Any person who is a controlling interest if the agency has reason to believe that such person has been convicted of any offense prohibited by s. 435.04. For each controlling interest who has been convicted of any such offense, the licensee shall submit to the agency a description and explanation of the conviction at the time of license application.

(e) Any person, as required by authorizing statutes, seeking employment with a licensee or provider who is expected to, or whose responsibilities may require him or her to, provide personal care or services directly to clients or have access to client funds, personal property, or living areas; and any person, as required by authorizing statutes, contracting with a licensee or provider whose responsibilities require him or her to provide personal care or personal services directly to clients. Evidence of contractor screening may be retained by the contractor’s employer or the licensee.

 

(2) Every 5 years following his or her licensure, employment, or entry into a contract in a capacity that under subsection (1) would require level 2 background screening under chapter 435, each such person must submit to level 2 background rescreening as a condition of retaining such license or continuing in such employment or contractual status. For any such rescreening, the agency shall request the Department of Law Enforcement to forward the person’s fingerprints to the Federal Bureau of Investigation for a national criminal history record check. If the fingerprints of such a person are not retained by the Department of Law Enforcement under s. 943.05(2)(g), the person must file a complete set of fingerprints with the agency and the agency shall forward the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The fingerprints may be retained by the Department of Law Enforcement under s. 943.05(2)(g). The cost of the state and national criminal history records checks required by level 2 screening may be borne by the licensee or the person fingerprinted. Proof of compliance with level 2 screening standards submitted within the previous 5 years to meet any provider or professional licensure requirements of the agency, the Department of Health, the Agency for Persons with Disabilities, the Department of Children and Family Services, or the Department of Financial Services for an applicant for a certificate of authority or provisional certificate of authority to operate a continuing care retirement community under chapter 651 satisfies the requirements of this section if the person subject to screening has not been unemployed for more than 90 days and such proof is accompanied, under penalty of perjury, by an affidavit of compliance with the provisions of chapter 435 and this section using forms provided by the agency.

 

(3) All fingerprints must be provided in electronic format. Screening results shall be reviewed by the agency with respect to the offenses specified in s. 435.04 and this section, and the qualifying or disqualifying status of the person named in the request shall be maintained in a database. The qualifying or disqualifying status of the person named in the request shall be posted on a secure website for retrieval by the licensee or designated agent on the licensee’s behalf.

 

(4) In addition to the offenses listed in s. 435.04, all persons required to undergo background screening pursuant to this part or authorizing statutes must not have an arrest awaiting final disposition for, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record not have been sealed or expunged for any of the following offenses or any similar offense of another jurisdiction: 

 

(a) Any authorizing statutes, if the offense was a felony.

(b) This chapter, if the offense was a felony.

(c) Section 409.920, relating to Medicaid provider fraud.

(d) Section 409.9201, relating to Medicaid fraud.

(e) Section 741.28, relating to domestic violence.

(f)  Section 817.034, relating to fraudulent acts through mail, wire, radio, electromagnetic, photoelectronic, or photooptical systems.

(g) Section 817.234, relating to false and fraudulent insurance claims.

(h) Section 817.505, relating to patient brokering.

(i)  Section 817.568, relating to criminal use of personal identification information.

(j)  Section 817.60, relating to obtaining a credit card through fraudulent means.

(k)    Section 817.61, relating to fraudulent use of credit cards, if the offense was a felony.

(l)  Section 831.01, relating to forgery.

(m)  Section 831.02, relating to uttering forged instruments.

(n) Section 831.07, relating to forging bank bills, checks, drafts, or promissory notes.

(o) Section 831.09, relating to uttering forged bank bills, checks, drafts, or promissory notes.

(p) Section 831.30, relating to fraud in obtaining medicinal drugs.

(q) Section 831.31, relating to the sale, manufacture, delivery, or possession with the intent to sell, manufacture, or deliver any counterfeit controlled substance, if the offense was a felony.

 

A person who serves as a controlling interest of, is employed by, or contracts with a licensee on July 31, 2010, who has been screened and qualified according to standards specified in s. 435.03 or s. 435.04 must be rescreened by July 31, 2015. The agency may adopt rules to establish a schedule to stagger the implementation of the required rescreening over the 5-year period, beginning July 31, 2010, through July 31, 2015. If, upon rescreening, such person has a disqualifying offense that was not a disqualifying offense at the time of the last screening, but is a current disqualifying offense and was committed before the last screening, he or she may apply for an exemption from the appropriate licensing agency and, if agreed to by the employer, may continue to perform his or her duties until the licensing agency renders a decision on the application for exemption if the person is eligible to apply for an exemption and the exemption request is received by the agency within 30 days after receipt of the rescreening results by the person.

 

(5) The costs associated with obtaining the required screening must be borne by the licensee or the person subject to screening. Licensees may reimburse persons for these costs. The Department of Law Enforcement shall charge the agency for screening pursuant to s. 943.053(3). The agency shall establish a schedule of fees to cover the costs of screening.

 

(6)(a) As provided in chapter 435, the agency may grant an exemption from disqualification to a person who is subject to this section and who: 

 

1. Does not have an active professional license or certification from the Department of Health; or

2. Has an active professional license or certification from the Department of Health but is not providing a service within the scope of that license or certification.

 

(b) As provided in chapter 435, the appropriate regulatory board within the Department of Health, or the department itself if there is no board, may grant an exemption from disqualification to a person who is subject to this section and who has received a professional license or certification from the Department of Health or a regulatory board within that department and that person is providing a service within the scope of his or her licensed or certified practice.

 

(7) The agency and the Department of Health may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section, chapter 435, and authorizing statutes requiring background screening and to implement and adopt criteria relating to retaining fingerprints pursuant to s. 943.05(2).

 

(8) There is no unemployment compensation or other monetary liability on the part of, and no cause of action for damages arising against, an employer that, upon notice of a disqualifying offense listed under chapter 435 or this section, terminates the person against whom the report was issued, whether or not that person has filed for an exemption with the Department of Health or the agency.

History.—s. 5, ch. 2006-192; s. 50, ch. 2009-223; s. 21, ch. 2010-114.

 

1Note.—Section 58, ch. 2010-114, provides that “[t]he changes made by this act are intended to be prospective in nature. It is not intended that persons who are employed or licensed on the effective date of this act be rescreened until such time as they are otherwise required to be rescreened pursuant to law, at which time they must meet the requirements for screening as set forth in this act.”

The Level 2 Background Screening for Employee Leasing Companies is required by F.S. 468.525(2)(a) and F.S. 468.524(4)(c).

 

“Employee leasing” means an arrangement whereby a leasing company assigns its employees to a client and allocates the direction of and control over the leased employees between the leasing company and the client. Along with few other exceptions the term does not include:

 

a) Home health agency licensed under chapter 400, unless otherwise engaged in business as an employee leasing company.
b) Health care services pool licensed under s. 400.980, unless otherwise engaged in business as an employee leasing company.

 

The statutory background screening provisions for Employee Leasing Companies states that thorough background investigation of the applicant’s good moral character shall be instituted by the Department of Business and Professional Regulation . Such investigation shall require the submission of fingerprints, for processing through appropriate law enforcement agencies, by the applicant and the examination of police records by the board. The DBPR is unable to complete the criminal background investigation with insufficient information from the Florida Department of Law Enforcement, the Federal Bureau of Investigation, or any other applicable law enforcement agency.

 

The Employee Leasing Companies Licensing is regulated by Florida DBPR. In order to get fingerprinted as part of your Employee Leasing Company 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 DBPR  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.

 

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.

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

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