Level 2 Screening

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.

On May 26, 2010, Governor Charlie Crist signed into law House Bill (HB) 7069, creating Chapter Number 2010-114, Laws of Florida. This legislation amends various sections of Florida Statues in regard to background screening. The purpose of this Notice of Instruction is to provide Area Agencies on Aging (AAAs) guidance for implementing the requirements of these changes. The bill increases Level 1 screening to Level 2 screening for persons working with vulnerable populations.


Below is a summary of HB 7069:


Employees of nursing homes, assisted living facilities, and adult family care homes are required to undergo a Level 2 background screening,
pursuant to s. 408.809(1)(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.”
No person required to be screened may begin work until the screening has been completed.
Section 39, amends s. 435.05, F.S. to delete existing authority that allows employees to work pending the outcome of their background screening. Section 40, amends s. 435.06, F.S. to provide that “an employer may not hire, select, or otherwise allow an employee to have contact with any vulnerable person that would place the employee in a role that requires background screening until the screening process is completed and demonstrates the absence of any grounds for the denial or termination of

 

– An employer must remove an employee from contact with any vulnerable person if the employer becomes aware that the employee has been arrested for a disqualifying offense (section 39, s. 435.06, F.S.). All fingerprints must be submitted electronically by August 1, 2012, or sooner (s. 435.04, F.S.).


– Agencies are authorized to contract with vendor(s) to perform the fingerprinting, but those contracts must ensure the owners and personnel of the vendor(s) are qualified and will ensure the integrity and security of all personal information. Additional disqualifying offenses added to statute (s. 435.04, F.S.):


– Chapter 784, F.S., relating to assault, battery, and culpable negligence, if the offense was a felony (therefore, the bill strikes existing specific references to crimes in this chapter)
– Section 787.025, F.S, relating to luring or enticing a child
– Section 794.05, F.S., relating to unlawful sexual activity with certain minors
– Section 810.02, F.S., relating to burglary (presently, felony burglary is a disqualifying offense for those being screening under DJJ)
– Section 810.14, F.S., relating to voyeurism, if the offense is a felony
– Section 810.145, F.S., relating to video voyeurism, if the offense is a felony
– Section 944.40, F.S., relating to escape (presently, escape is a disqualifying offense for those being screening under DJJ)
– Any crime that constitutes domestic violence An exemption from disqualification may not be granted for a disqualifying felony until at least three years after the applicant has completed or been lawfully released from confinement, supervision, or sanction for the disqualifying felony (s. 435.07, F.S.). Only the head of an agency may grant an exemption from disqualification (s. 435.07, F.S.). The agency may consider as part of its deliberations of the employee’s rehabilitation subsequent arrests and convictions, even if that subsequent crime is not a disqualifying offense (s. 435.07, F.S.).

 

– The standard of review by the administrative law judge of the agency’s decision as to rehabilitation is whether the agency’s intended action is an abuse of discretion (s. 435.07, F.S.).

 

– An exemption may not be granted from disqualification from employment for any person who has been designated as a sexual predator pursuant to s. 775.21, F.S., is a career offender pursuant to s. 775.261, F.S., or is a sexual offender pursuant to s. 943.0435, F.S. However, an exemption may be granted to a sexual offender who has the requirement to register as a sexual offender removed pursuant to s. 943.04354, F.S. (s. 435.07, F.S.).

 

– Agencies are authorized to request the retention of fingerprints by FDLE (s. 943.05, F.S.) and to collect and pay any fee related to the retention of fingerprints (s. 935.08, F.S.).

 

-Chapter 430 is amended to require Level 2 background screening for direct service providers (s. 430.0402, F.S.).
—- Direct service providers are defined as “a person 18 years of age or older who, pursuant to a program to provide services to the elderly, has direct, face-to-face contact with a client while providing services to the client or has access to the client’s living areas or to the client’s funds or personal property. The term includes coordinators, managers, and supervisors of residential facilities and volunteers.”

 

– All changes to the law are meant to be prospective in nature. Persons are not required to be re-screened who are employed or licensed on the effective date of the bill until the time they are otherwise required to be re-screened pursuant to law.

 

Please consult your legal staff as it pertains to this bill, your staff, and current provider contracts. Since the bill is effective August 1, 2010, it is necessary for each AAA to ensure any necessary language is incorporated in all provider contracts beginning July 1, 2010. If you have questions, please contact your regional contract manager.

 

Please download all important Background Screening forms required by DOEA from links at below:

 

Download: Background Screening Appointment Form for Direct Service Providers

Download: Background Screening Appointment Form for Long-Term Care Ombudsman Volunteers

Download: Background Screening Appointment Form for the CDC+ Program within DOEA

Download: Background Screening Appointment Form for DOEA Employees and Volunteers, SHINE Program

Download: DOEA Affidavit of Good Moral Character

Download: DOEA Affidavit of Compliance for Subcontractors on Background Screening

Download: DOEA Providers Attestation Form

 

In order to get fingerprinted as part of DOEA requirement for Area Agencies on Aging Background Screening  please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we transmit your fingerprints for FBI Level 2 Background Check so DOEA  gets the results of screening in as less as 72 hours. The cost of screening is $60. 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.

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.

Dear, AHCA & DCF Providers.

 

Beginning August 1, 2010 new law will require background screening of job applicants, employees and volunteers who come in contact with children, the developmentally disabled and vulnerable adults.

 

The most significant change in the law for AHCA& DCF providers is that applicants will not be allowed to begin work in position of special trust and responsibility until they are cleared for employment by a complete background screening, to include a fingerprint-based search of criminal records in Florida and nationally.

 

In order to meet new requirement, both AHCA and DCF strongly recommends applicants to complete their background screen using Live-Scan technology as oppose to hard card submission. Live-Scan results can be received by DCF background screeners in as little as 24-48 hours. This is comparison to hard card fingerprint submission where results can take up-to 4-6 weeks. Providers should follow the steps below to ensure they meet the requirements to use Live-Scan. Please contact your regional DCF background screening office to:

 

  •  Ensure you have been provided the DCF’s Originating Agency Identifier – ORI
  •  Ensure that Originating Agency Case Number – OCA had been assigned to you by DCF
  •  Provide a valid email address to your local DCF Background Screening Office upon requesting a Live-Scan OCA. Email provided will be the email address the department screening unit will send automated “eligible” determination letters for applicants with cleared results.

 

The correct ORI and OCA numbers must be provided to the Live Scan vendor to ensure that results are routed to the DCF and requesting provider. For more information and with any questions please feel free to contact IDENTICO- your Live-Scan vendor. We serve AHCA, DCF,APD,DMV,VECHS providers in Treasure Coast, Palm Beach, Broward and Miami-Dade counties.   Call today (954) 239-8590 or visit us online www.myidentico.com . No appointments needed, walk-ins are welcome, mobile unit can come to your location. All payments are accepted.

 

Our office is located 43948 Pembroke Road, Suite E, Pembroke Park, FL, 33021 or use the convenience of our mobile fingerprinting services anywhere in South Florida.

 

DEPARTMENT OF ELDER AFFAIRS


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

 

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

 

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

 

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

 

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

 

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

 

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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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

 

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

 

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

 

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

 

Sincerely,

IDENTICO LLC.

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

 

Forms of “electronic screening:”

 

LiveScan device is a term used to describe the scanners used to directly capture fingerprints through a scanning function. Person being screened place their hands directly on the scanner for reading. Fingerprint scanning using a LiveScan device provides faster results and generally costs less that hard card scanning as there is less handling involved. LiveScan capture also produces a better quality print, so has a lower rejection rate of illegible prints (no ink smudging, etc).

 

LiveScan options – There are several options for LiveScan capture including:

 

  • LiveScan vendors approved to submit fingerprint requests through the Florida Department of Law Enforcement (FDLE ). These vendors generally require advanced online reservations or appointments and charge a fee for use of the LiveScan in addition to the FDLE screening fee of $43.25. LiveScan devices are either available at specific locations or through mobile services where the vendor will either come to the provider location (based on certain volumes and fees) or another pre-arranged location. LiveScan vendors are independent businesses and each must be contacted in advance to determine fees, services and enrollment requirements. For more information regarding LiveScan vendors please see Florida LiveScan Vendor List for contact information, locations and pricing, and the FDLE LiveScan Site.
  • LiveScan devices (machines) may be purchased/leased by providers who wish to handle their own fingerprint capture. Several business offer machines (sale or lease) however, it is important to assure that any selection is approved for submission through FDLE and all requirements of fingerprint submission are met. For more information visit the FDLE LiveScan Site or the AHCA Cogent contract (Option 1 or Option 2).

 

Hard card scanning is a method of submitting a traditional fingerprint card where finger prints are “rolled’ in ink onto an FBI fingerprint card. Cards may be converted to “electronic” by using a machine that scans the cards. There is typically a fee associated with “rolling the prints” as a high degree of skill is required to achieve the necessary quality. Hard cards for AHCA screening must be obtained from AHCA because they must include the pre-printed AHCA ORI# to assure results are returned appropriately.

FLORIDA STATUTE-TITLE XXXI-LABOR-CHAPTER 435-EMPLOYMENT SCREENING

 

 

435.01 Applicability of this chapter; statutory references; rulemaking.

435.02 Definitions.

435.03 Level 1 screening standards.

435.04 Level 2 screening standards.

435.05 Requirements for covered employees and employers.

435.06 Exclusion from employment.

435.07 Exemptions from disqualification.

435.08 Payment for processing of fingerprints and state criminal records checks.

435.09 Confidentiality of personnel background check information.

435.10 Sharing of personnel information among employers.

435.11 Penalties.

 

1435.01 Applicability of this chapter; statutory references; rulemaking.—

 

(1)(a) Unless otherwise provided by law, whenever a background screening for employment or a background security check is required by law to be conducted pursuant to this chapter, the provisions of this chapter apply.

(b) Unless expressly provided otherwise, a reference in any section of the Florida Statutes to chapter 435 or to any section or sections or portion of a section of chapter 435 includes all subsequent amendments to chapter 435 or to the referenced section or sections or portions of a section. The purpose of this chapter is to facilitate uniform background screening and, to this end, a reference to this chapter, or to any section or subdivision within this chapter, constitutes a general reference under the doctrine of incorporation by reference.

 

(2) Agencies may adopt rules to administer this chapter.

History.—s. 47, ch. 95-228; s. 35, 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.”

 

1435.02 Definitions.—For the purposes of this chapter, the term:

(1) “Agency” means any state, county, or municipal agency that grants licenses or registration permitting the operation of an employer or is itself an employer or that otherwise facilitates the screening of employees pursuant to this chapter. If there is no state agency or the municipal or county agency chooses not to conduct employment screening, “agency” means the Department of Children and Family Services.

(2) “Employee” means any person required by law to be screened pursuant to this chapter.

(3) “Employer” means any person or entity required by law to conduct screening of employees pursuant to this chapter.

(4) “Employment” means any activity or service sought to be performed by an employee which requires the employee to be screened pursuant to this chapter.

(5) “Vulnerable person” means a minor as defined in s. 1.01 or a vulnerable adult as defined in s. 415.102.

History.—s. 47, ch. 95-228; s. 207, ch. 99-8; s. 36, 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.”

 

1435.03 Level 1 screening standards.—

 

(1) All employees required by law to be screened pursuant to this section must undergo background screening as a condition of employment and continued employment which includes, but need not be limited to, employment history checks and statewide criminal correspondence checks through the Department of Law Enforcement, 2and a check of the Dru Sjodin National Sex Offender Public Website, and may include local criminal records checks through local law enforcement agencies.

 

(2) Any person required by law to be screened pursuant to this section must not have an arrest awaiting final disposition, 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 has not been sealed or expunged for, any offense prohibited under s. 435.04(2) or similar law of another jurisdiction.

 

(3) The security background investigations under this section must ensure that no person subject to this section has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s. 741.28, whether such act was committed in this state or in another jurisdiction.

 

History.—s. 47, ch. 95-228; s. 15, ch. 96-268; s. 21, ch. 96-322; s. 3, ch. 98-417; s. 87, ch. 2000-153; s. 45, ch. 2000-349; s. 62, ch. 2001-62; s. 50, ch. 2003-1; s. 4, ch. 2004-267; s. 3, ch. 2005-119; s. 89, ch. 2006-197; s. 61, ch. 2006-227; s. 109, ch. 2007-5; s. 16, ch. 2008-244; s. 37, 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.”

2Note.—The word “and” was inserted by the editors.

 

1435.04 Level 2 screening standards.—

 

(1)(a) All employees required by law to be screened pursuant to this section must undergo security background investigations as a condition of employment and continued employment which includes, but need not be limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, and national criminal history records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies.

 

(b) Fingerprints submitted pursuant to this section on or after July 1, 2012, must be submitted electronically to the Department of Law Enforcement.

 

(c) An agency may contract with one or more vendors to perform all or part of the electronic fingerprinting pursuant to this section. Such contracts must ensure that the owners and personnel of the vendor performing the electronic fingerprinting are qualified and will ensure the integrity and security of all personal information.

 

(d) An agency may require by rule that fingerprints submitted pursuant to this section must be submitted electronically to the Department of Law Enforcement on a date earlier than July 1, 2012.

 

(2) The security background investigations under this section must ensure that no persons subject to the provisions of this section have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction:

(a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.

(b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.

(c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.

(d) Section 782.04, relating to murder.

(e) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.

(f) Section 782.071, relating to vehicular homicide.

(g) Section 782.09, relating to killing of an unborn quick child by injury to the mother.

(h) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony.

(i) Section 784.011, relating to assault, if the victim of the offense was a minor.

(j) Section 784.03, relating to battery, if the victim of the offense was a minor.

(k) Section 787.01, relating to kidnapping.

(l) Section 787.02, relating to false imprisonment.

(m) Section 787.025, relating to luring or enticing a child.

(n) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.

(o) Section 787.04(3), relating to carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person.

(p) Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school.

(q) Section 790.115(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property.

(r) Section 794.011, relating to sexual battery.

(s) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority.

(t) Section 794.05, relating to unlawful sexual activity with certain minors.

(u) Chapter 796, relating to prostitution.

(v) Section 798.02, relating to lewd and lascivious behavior.

(w) Chapter 800, relating to lewdness and indecent exposure.

(x) Section 806.01, relating to arson.

(y) Section 810.02, relating to burglary.

(z) Section 810.14, relating to voyeurism, if the offense is a felony.

(aa) Section 810.145, relating to video voyeurism, if the offense is a felony.

(bb) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony.

(cc) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony.

(dd) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult.

(ee) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.

(ff) Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony.

(gg) Section 826.04, relating to incest.

(hh) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child.

(ii) Section 827.04, relating to contributing to the delinquency or dependency of a child.

(jj) Former s. 827.05, relating to negligent treatment of children.

(kk) Section 827.071, relating to sexual performance by a child.

(ll) Section 843.01, relating to resisting arrest with violence.

(mm) Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication.

(nn) Section 843.12, relating to aiding in an escape.

(oo) Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions.

(pp) Chapter 847, relating to obscene literature.

(qq) Section 874.05(1), relating to encouraging or recruiting another to join a criminal gang.

(rr) Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor.

(ss) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct.

(tt) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.

(uu) Section 944.40, relating to escape.

(vv) Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner.

(ww) Section 944.47, relating to introduction of contraband into a correctional facility.

(xx) Section 985.701, relating to sexual misconduct in juvenile justice programs.

(yy) Section 985.711, relating to contraband introduced into detention facilities.

(3) The security background investigations under this section must ensure that no person subject to this section has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s. 741.28, whether such act was committed in this state or in another jurisdiction.

History.—s. 47, ch. 95-228; s. 16, ch. 96-268; s. 22, ch. 96-322; s. 4, ch. 98-417; s. 5, ch. 99-284; s. 88, ch. 2000-153; s. 7, ch. 2001-125; s. 5, ch. 2004-267; s. 4, ch. 2005-119; s. 111, ch. 2006-120; s. 90, ch. 2006-197; s. 110, ch. 2007-5; s. 3, ch. 2007-112; s. 66, ch. 2009-223; s. 6, ch. 2010-31; s. 38, 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.”

1435.05 Requirements for covered employees and employers.—Except as otherwise provided by law, the following requirements apply to covered employees and employers:

 

(1)(a) Every person required by law to be screened pursuant to this chapter must submit a complete set of information necessary to conduct a screening under this chapter.

 

(b) For level 1 screening, the employer must submit the information necessary for screening to the Department of Law Enforcement within 5 working days after receiving it. The Department of Law Enforcement shall conduct a search of its records and respond to the employer or agency. The employer must inform the employee whether screening has revealed any disqualifying information.

 

(c) For level 2 screening, the employer or agency must submit the information necessary for screening to the Department of Law Enforcement within 5 working days after receiving it. The Department of Law Enforcement shall perform a criminal history record check of its records and request that the Federal Bureau of Investigation perform a national criminal history record check of its records for each employee for whom the request is made. The Department of Law Enforcement shall respond to the employer or agency, and the employer or agency must inform the employee whether screening has revealed disqualifying information.

 

(d) The person whose background is being checked must supply any missing criminal or other necessary information upon request to the requesting employer or agency within 30 days after receiving the request for the information.

 

(2) Every employee must attest, subject to penalty of perjury, to meeting the requirements for qualifying for employment pursuant to this chapter and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer.

 

(3) Each employer licensed or registered with an agency must conduct level 2 background screening and must submit to the agency annually or at the time of license renewal, under penalty of perjury, a signed affidavit attesting to compliance with the provisions of this chapter.

 

History.—s. 47, ch. 95-228; s. 208, ch. 99-8; s. 46, ch. 2000-349; s. 63, ch. 2001-62; s. 21, ch. 2004-267; s. 67, ch. 2009-223; s. 39, 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.”

1435.06 Exclusion from employment.—

 

(1) If an employer or agency has reasonable cause to believe that grounds exist for the denial or termination of employment of any employee as a result of background screening, it shall notify the employee in writing, stating the specific record that indicates noncompliance with the standards in this chapter. It is the responsibility of the affected employee to contest his or her disqualification or to request exemption from disqualification. The only basis for contesting the disqualification is proof of mistaken identity.

 

(2)(a) An employer may not hire, select, or otherwise allow an employee to have contact with any vulnerable person that would place the employee in a role that requires background screening until the screening process is completed and demonstrates the absence of any grounds for the denial or termination of employment. If the screening process shows any grounds for the denial or termination of employment, the employer may not hire, select, or otherwise allow the employee to have contact with any vulnerable person that would place the employee in a role that requires background screening unless the employee is granted an exemption for the disqualification by the agency as provided under s. 435.07.

 

(b) If an employer becomes aware that an employee has been arrested for a disqualifying offense, the employer must remove the employee from contact with any vulnerable person that places the employee in a role that requires background screening until the arrest is resolved in a way that the employer determines that the employee is still eligible for employment under this chapter.

 

(c) The employer must terminate the employment of any of its personnel found to be in noncompliance with the minimum standards of this chapter or place the employee in a position for which background screening is not required unless the employee is granted an exemption from disqualification pursuant to s. 435.07.

 

(3) Any employee who refuses to cooperate in such screening or refuses to timely submit the information necessary to complete the screening, including fingerprints if required, must be disqualified for employment in such position or, if employed, must be dismissed.

 

(4) There is no unemployment compensation or other monetary liability on the part of, and no cause of action for damages against, an employer that, upon notice of a conviction or arrest for a disqualifying offense listed under this chapter, terminates the person against whom the report was issued or who was arrested, regardless of whether or not that person has filed for an exemption pursuant to this chapter.

 

History.—s. 47, ch. 95-228; s. 40, 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.”

 

1435.07 Exemptions from disqualification.—Unless otherwise provided by law, the provisions of this section apply to exemptions from disqualification for disqualifying offenses revealed pursuant to background screenings required under this chapter, regardless of whether those disqualifying offenses are listed in this chapter or other laws.

 

(1) The head of the appropriate agency may grant to any employee otherwise disqualified from employment an exemption from disqualification for:

 

(a) Felonies for which at least 3 years have elapsed since the applicant for the exemption has completed or been lawfully released from confinement, supervision, or sanction for the disqualifying felony;

(b) Misdemeanors prohibited under any of the statutes cited in this chapter or under similar statutes of other jurisdictions for which the applicant for the exemption has completed or been lawfully released from confinement, supervision, or sanction;

(c) Offenses that were felonies when committed but that are now misdemeanors and for which the applicant for the exemption has completed or been lawfully released from confinement, supervision, or sanction; or

(d) Findings of delinquency. For offenses that would be felonies if committed by an adult and the record has not been sealed or expunged, the exemption may not be granted until at least 3 years have elapsed since the applicant for the exemption has completed or been lawfully released from confinement, supervision, or sanction for the disqualifying offense.

For the purposes of this subsection, the term “felonies” means both felonies prohibited under any of the statutes cited in this chapter or under similar statutes of other jurisdictions.

(2) Persons employed, or applicants for employment, by treatment providers who treat adolescents 13 years of age and older who are disqualified from employment solely because of crimes under s. 817.563, s. 893.13, or s. 893.147 may be exempted from disqualification from employment pursuant to this chapter without application of the waiting period in paragraph (1)(a).

 

(3)(a) In order for the head of an agency to grant an exemption to any employee, the employee must demonstrate by clear and convincing evidence that the employee should not be disqualified from employment. Employees seeking an exemption have the burden of setting forth clear and convincing evidence of rehabilitation, including, but not limited to, the circumstances surrounding the criminal incident for which an exemption is sought, the time period that has elapsed since the incident, the nature of the harm caused to the victim, and the history of the employee since the incident, or any other evidence or circumstances indicating that the employee will not present a danger if employment or continued employment is allowed.

 

(b) The agency may consider as part of its deliberations of the employee’s rehabilitation the fact that the employee has, subsequent to the conviction for the disqualifying offense for which the exemption is being sought, been arrested for or convicted of another crime, even if that crime is not a disqualifying offense.

 

(c) The decision of the head of an agency regarding an exemption may be contested through the hearing procedures set forth in chapter 120. The standard of review by the administrative law judge is whether the agency’s intended action is an abuse of discretion.

 

(4)(a) Disqualification from employment under this chapter may not be removed from, nor may an exemption be granted to, any personnel who is found guilty of, regardless of adjudication, or who has entered a plea of nolo contendere or guilty to, any felony covered by s. 435.03 or s. 435.04 solely by reason of any pardon, executive clemency, or restoration of civil rights.

 

(b) Disqualification from employment under this chapter may not be removed from, nor may an exemption be granted to, any person who is a:

1. Sexual predator as designated pursuant to s. 775.21;

2. Career offender pursuant to s. 775.261; or

3. Sexual offender pursuant to s. 943.0435, unless the requirement to register as a sexual offender has been removed pursuant to s. 943.04354.

 

(5) Exemptions granted by one agency shall be considered by subsequent agencies, but are not binding on the subsequent agency.

History.—s. 47, ch. 95-228; s. 47, ch. 2000-349; s. 64, ch. 2001-62; s. 29, ch. 2004-267; s. 9, ch. 2005-128; s. 41, 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.”

 

1435.08 Payment for processing of fingerprints and state criminal records checks.—The employer or the employee is responsible for paying the costs of screening. Payment shall be submitted to the Department of Law Enforcement with the request for screening. The appropriate agency is responsible for collecting and paying any fee related to fingerprints retained on its behalf to the Department of Law Enforcement for costs resulting from the fingerprint information retention services. The amount of the annual fee and procedures for the submission and retention of fingerprint information and for the dissemination of search results shall be established by rule of the Department of Law Enforcement.

 

History.—s. 47, ch. 95-228; s. 209, ch. 99-8; s. 48, ch. 2000-349; s. 42, 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.”

 

435.09 Confidentiality of personnel background check information.—No criminal or juvenile information obtained under this section may be used for any purpose other than determining whether persons meet the minimum standards for employment or for an owner or director of a covered service provider. The criminal records and juvenile records obtained by the department or by an employer are exempt from s. 119.07(1).

 

History.—s. 47, ch. 95-228; s. 282, ch. 96-406; s. 49, ch. 2000-349.

435.10 Sharing of personnel information among employers.—Every employer of employees covered by this chapter shall furnish copies of personnel records for employees or former employees to any other employer requesting this information pursuant to this section. Information contained in the records may include, but is not limited to, disciplinary matters and any reason for termination. Any employer releasing such records pursuant to this chapter shall be considered to be acting in good faith and may not be held liable for information contained in such records, absent a showing that the employer maliciously falsified such records.

 

History.—s. 47, ch. 95-228.

435.11 Penalties.—

(1) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully, knowingly, or intentionally to:

(a) Fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as to such person’s qualifications for a position of special trust.

(b) Use records information for purposes other than screening for employment or release records information to other persons for purposes other than screening for employment.

(2) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for any person willfully, knowingly, or intentionally to use juvenile records information for any purposes other than specified in this section or to release such information to other persons for purposes other than specified in this section.

History.—s. 47, ch. 95-228; s. 283, ch. 96-406.

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

     

     

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

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

Who is Required to be Screened

 

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

 

 

 

Ambulatory Surgery Centers

Birth Centers

Clinical Laboratories

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

Drug Free Workplace

Multiphasic Health Testing Centers

Organ Procurement Organizations, Tissue Banks, Eye Banks

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

 

 

 

Adult Family Care Homes

Assisted Living Facilities

Health Care Service Pools

Home Health Agencies

Homemaker/Sitter/Companion

Home Medical Equipment Providers

Homes for Special Services

Hospice

Intermediate Care Facilities for the Developmentally Disabled

**

Nurse Registries

Nursing Homes

Prescribed Pediatric Extended Care

Transitional Living Facilities

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

 

 

 

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

Community Mental Health 

 

 

 

Crisis Stabilization Units **

Residential Treatment Centers for Children and Adolescents

**

Residential Treatment Facilities **

Short Term Residential Treatment Facilities **

Level 2 

 

 

 

(excludes Community Mental Health)

Level 2 

 

 

 

(excludes Community Mental Health)

Level 2 Level 2 

 

 

 

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

Health Care Clinics Level 2 

 

 

 

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

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

 

 

 

 

OR the Department of Children and Families

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

 

59A-35.090 Background Screening.

 

(1) Definitions:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

1. A copy of the background screening result, and

 

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

 

(4) Results of Screening and Notification.

 

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

 

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

 

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

 

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

 

(5) Exemption from Disqualification.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sincerely,

 

The team of IDENTICO LLC.

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

 

FAQ:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Sincerely,

IDENTICO LLC.

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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