The Division of Health Quality Assurance licenses, registers and regulates 29 healthcare provider types on the basis of Florida Statutes, Florida Administrative Codes, and federal regulations governing Medicare and Medicaid if applicable. The majority of health care providers licensed by the Agency are required by law to conduct background screening for certain employment positions
including:

• The licensee, if an individual;
• The administrator or a similarly titled person who is responsible for the day-to-day operation of the provider;
• The financial officer or similarly titled individual who is responsible for the financial operation of the licensee or provider;
• A controlling interest if the Agency has reason to believe that such person has been convicted of any offense prohibited by section 435.04, F. S.;
• Any person employed or seeking employment with a licensee or provider who is expected to, or 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 contracting with a licensee or provider whose responsibilities require him or her to provide personal care or personal services directly to clients.

All screening results from requests processed through the Agency are reviewed by Agency staff to determine if the person screened is eligible to work pursuant to the requirements of Chapter 435, F. S. In 2009, legislation was passed that expanded the disqualifying offenses for healthcare employees to include financial crimes such as fraud, including Medicaid fraud, forgery, and uttering a forged instrument. These additional disqualifying offenses are provided in section 408.809, F. S. Upon making an eligibility determination, Agency staff post the results in a database that licensed healthcare providers may access through a secured website with an assigned user ID and password. Healthcare providers may use screening results conducted within the last five years, so this database avoids the costs of re-screening for persons who may change jobs.
Legislation passed in 2010 significantly modified the background screening process and hiring practices for many service providers regulated by a variety of state agencies including health care providers licensed by the Agency.

These changes included:
• The requirement for Level 2 fingerprint screening of the state (Florida Department of Law Enforcement) and national (Federal Bureau of Investigations) criminal history repositories for all positions required to undergo screening;
• Submission of fingerprints through electronic (LiveScan) devices;
• Five-year rescreening requirement; and
• Enhanced requirements for the Exemption from Disqualification.

If a person is determined to be not eligible for employment, section 435.07, F. S., contains guidelines for issuing an exemption from disqualification. A person applying for an exemption must meet certain criminal history criteria, demonstrate rehabilitation, and meet other requirements. A granting of an exemption does not change a person’s criminal history record; it merely provides eligibility for employment.

In addition to screening activities, the Background Screening section also reviews news clips and other sources for information related to healthcare workers who have been arrested for a disqualifying criminal offense. If the individual was previously screened through the Agency, the reported incident is researched and if confirmed as a disqualifying offense, the individual’s screening status is changed to not eligible. The status change is reflected on the secure results website available to the providers and the employing health care provider is notified if the information is on record.

For more information visit: https://ahca.myflorida.com/health-care-policy-and-oversight/bureau-of-central-services/background-screening

After receiving Level 2 Background Screening results from FDLE/FBI, AHCA will look if there are Disqualifying criminal offenses in the report. Descriptions of such offenses are listed in Florida Statute (F.S.), Chapter 435, and Florida Statute (F.S.), Chapter 408.809. If a person is found to have a new disqualifying offense or is arrested for any of these offenses, he/she is not eligible to work in a position that requires screening unless an exemption is granted. [ Reference 408.809(4) and 435.04, 435.05]

Criminal history reports must be complete to render a decision. If a report is missing the disposition of an arrest for a disqualifying offense(s) the person screened will be notified by certified mail to obtain additional information from the arresting jurisdiction.

To correct information on a criminal history report for an offense that occurred in Florida, contact the Florida Department of Law Enforcement.

The Agency will review all screening results and a determination of “Eligible” or “Not Eligible” will be posted on the Clearinghouse provider results website. The website will also indicate if the individual has applied for or has a decision for an Exemption from Disqualification.

y not hire a new employee or contract with a person until a final screening determination of “Eligible” has been made or the individual is “Not Eligible” but has been granted an Exemption from Disqualification from the Agency or the Department of Health (if seeking employment in a position that requires professional licensure or certification through the Department).

Each employee/contractor required to undergo screening must attest upon hiring that they meet the requirements for employment and agree to inform the employer immediately if arrested for any disqualifying offense. This form must be kept in the employee’s personnel file.

If an employee/contractor has an arrest for a disqualifying offense and is awaiting sentencing he/she is Not Eligible to work until there is a final court disposition and the individual is determined by the Agency to be eligible.

408.809 Background screening; prohibited offenses.—

Any individual employed or seeking employment with a health care provider licensed by the Agency for Health Care Administration that has been notified by the employer that they have been found guilty of, regardless of adjudication, or entered a plea of guilty or nolo contendre to any of the criminal offenses listed in sections 435.03(2), 435.04(2), and 408.809 Florida Statutes, may apply for exemption from disqualification.

Who is eligible for an exemption?

A person is not eligible to apply for an Exemption from Disqualification until:

• He/she has been lawfully released from confinement, probation, or other sanction for a disqualifying misdemeanor criminal offense;
• At least 3 years after he/she has been lawfully released from confinement, probation, or other sanction for a disqualifying felony criminal offense. Persons designated as sexual predators, sexual offenders, or career offenders are not eligible for an Exemption from Disqualification. You must demonstrate by clear and convincing evidence that you will not present a danger if employed within the healthcare field. Types of information that must be submitted with your application include:
• A completed Level 2 screening
• Arrest reports for all arrests
• Court dispositions for all arrests
• A letter from parole or probation regarding your current status
• 3-5 letters of reference (at least one must be from a current or recent employer on the employer’s letterhead)
• Any information regarding counseling, education, technical training, employment history, community involvement, awards or special recognition

What will be considered when granting an exemption?

• 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;
• a history of the employee since the incident; and
• any other evidence or circumstances indicating that the individual is leading a positive lifestyle.

How to apply for an exemption?

An “Application for Exemption”, AHCA Form #3110-0019, must be completed and returned along with ALL required documents noted on the Checklist that is included with the application.

When you submit the application, be sure to include all the required documents or a statement as to why a document is not included in the application. AN INCOMPLETE APPLICATION WILL RESULT IN A DELAY IN THE PROCESSING AND FINAL DECISION OF THE CASE.

How long does the process take?

An Application for Exemption will not be reviewed until ALL the required documents are received by the Agency.

If there is missing information on the application or required documents :

You will receive an Incomplete Notice by certified mail. You have 30 days from receipt of that notice to send the missing information to the Agency. If it will take longer than 30 days, contact the analyst reviewing your case (name is on the incomplete notice) to request an extension. If all the information is not received within 30 days, your case will be CLOSED and you will have to send in a new application.

Once the application and all documentation are complete you will receive one of the following:

• Hearing Notice – a personal interview will be scheduled with the hearing committee in order to make a determination. The initial hearing is generally held by telephone and is an informal process in which the committee will ask specific questions regarding your criminal/abuse history, work history, and reasons for wanting to work within the healthcare field.

Upon completion of the hearing, a recommendation is made by the committee to either grant or deny the application. The Agency’s Secretary or his delegate makes the final decision. The applicant is then notified by mail regarding the decision.

• Grant Letter – The issuance of a grant letter provides eligibility for employment with a health care provider. The granting of an exemption by any State Department (including this Agency) does not change the results of a background screening or clear your criminal history. The exemption only provides eligibility for employment despite the presence of a disqualifying offense(s). The applicant must provide a copy of the grant letter to each potential healthcare employer.

If you receive a judgment for a disqualifying criminal offense after the date exemption is granted, the exemption will be voided and your employer (if a health care provider) will be notified that you are no longer eligible to work.

• Denial Letter – is issued when the head of the Agency has determined that the safety of the patients/residents of a health care provider may be at risk. Under the provisions of Chapter 120, Florida Statutes, you may appeal the agency’s decision. The information for appealing the decision will be included in your letter. You have 21 days from receipt of the denial letter to request an appeal.

Where to send the application:

• The Agency reviews applications and makes decisions for Exemptions for unlicensed personnel working for a health care provider.

If you are seeking employment in a health care provider as a:

• facility owner, administrator, or chief financial officer;
• staff person that is uncertified or unlicensed

  Send your application to:

  Background Screening Unit 

  Agency for Healthcare Administration
  2727 Mahan Drive MS #40
  Tallahassee, FL 32308
  (850) 412-4503

The Level 2 Background Check for Assisted Living Facilities is required by AHCA and is based on F.S. 429.174. The statute says that the agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.

Persons required to undergo Level 2 Background Screening include:

• Owner / Administrator
• Financial Officer
• Employees and Contractors Providing Personal Care/ Services
• Employees that have access to client property, funds or living areas

The Level 2 Background Check for Home Health Agencies is required by AHCA and is based on F.S. 400.512. The statute says that the screening of home health agency personnel; nurse registry personnel and contractors; and companions and homemakers shall be made by the agency, registry, or service requiring level 2 background screening for employees or contractors as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.

HHA employees and Home Health Aids, physical therapists, speech therapists, social workers, nurses, agencies’ office staff, and any other employee who has access to patients’ property or personal information must obtain the level 2 background screening clearance from AHCA for employment.

The Legislature recognizes that there is a need to require a fingerprint-based background check for the staff and administration of Home Health Agencies in Florida. Therefore, the Legislature deems it necessary in the interest of public health to screen the staff of Home Health Agencies in this state.

“Clinic” means an entity at which health care services are provided to individuals and which tenders charge for reimbursement for such services, including a mobile clinic and a portable equipment provider. “Mobile clinic” means a movable or detached self-contained health care unit within or from which direct health care services are provided to individuals and which otherwise meets the definition of a clinic. “Portable equipment provider” means an entity that contracts with or employs persons to provide portable equipment to multiple locations performing treatment or diagnostic testing of individuals that bills third-party payers for those services, and that otherwise meets the definition of a clinic.

The licensing of Health Care Clinics is regulated by AHCA, Florida Agency for Healthcare Administration.

The Level 2 Background Check for Health Care Clinics is required by AHCA and is based on F.S. 400.991. Statute says that the agency shall require level 2 background screening for applicants and personnel of Health Care Clinics as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.

Owner, Administrator, Financial Officer, Employees and Contractors Providing Personal Care or Services, and Employees that have access to client property, funds, or living areas must obtain the level 2 background screening clearance from AHCA for employment in Health Care Clinics.

“Nurse registry” means any person that procures, offers, promises, or attempts to secure health-care-related contracts for registered nurses, licensed practical nurses, certified nursing assistants, home health aides, companions, or homemakers, who are compensated by fees as independent contractors, including, but not limited to, contracts for the provision of services to patients and contracts to provide private duty or staffing services to health care facilities licensed under chapter 395, this chapter, or chapter 429 or other business entities.

The licensing of Nurse Registries is regulated by AHCA, Florida’s Agency for Healthcare Administration.

The Level 2 Background Check for Nurse Registries is required by AHCA and is based on F.S. 400.512. The statute says that the agency shall require level 2 background screening for applicants and personnel of Nurse Registries as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.

“Nurse Registries personnel” means persons who are employed by or under contract with a home nurse registry, which includes but is not limited to the Owner, Administrator, Financial Officer, Employees, and Contractors Providing Personal Care or Services, Employees who have access to client property, funds or living areas.

“Health care services pool” means any person, firm, corporation, partnership, or association engaged for hire in the business of providing temporary employment in healthcare facilities, residential facilities, and agencies for licensed, certified, or trained healthcare personnel including, without limitation, nursing assistants, nurses’ aides, and orderlies. However, the term does not include nursing registries, a facility licensed under this chapter or chapter 429, a healthcare services pool established within a healthcare facility to provide services only within the confines of such facility, or any individual contractor directly providing temporary services to a health care facility without use or benefit of a contracting agent.

The licensing of Health care services pools is regulated by AHCA, Florida’s Agency for Healthcare Administration.

The Level 2 Background Check for Health care services pools is required by AHCA and is based on F.S. 400.980. The statute says that the agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.

“Healthcare services pool personnel” means persons who are employed by or under contract with a Healthcare services pool, and it includes but is not limited to the Owner, Administrator, Financial Officer, Employees, and Contractors Providing Personal Care or Services, Employees who have access to client property, funds or living areas.

“Home medical equipment” includes any product as defined by the Federal Drug Administration’s Drugs, Devices, and Cosmetics Act, any products reimbursed under the Medicare Part B Durable Medical Equipment benefits, or any products reimbursed under the Florida Medicaid durable medical equipment program. Home medical equipment includes oxygen and related respiratory equipment; manual, motorized, or customized wheelchairs and related seating and positioning, but does not include prosthetics or orthotics or any splints, braces, or aids custom fabricated by a licensed health care practitioner; motorized scooters; personal transfer systems; and specialty beds, for use by a person with a medical need.

“Home medical equipment provider” means any person or entity that sells or rents or offers to sell or rent to or for a consumer:

(a) Any home medical equipment and services; or

(b) Home medical equipment that requires any home medical equipment services.

The licensing of Home medical equipment providers is regulated by AHCA, Florida Agency for Healthcare Administration.

The Level 2 Background Check for Home medical equipment providers is required by AHCA and is based on F.S. 400.953. The statute says that the agency shall require level 2 background screening for applicants and personnel of Home medical equipment providers as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809.

“Home medical equipment provider personnel” means persons who are employed by or under contract with a home medical equipment provider, which includes but is not limited to the Owner, Administrator, Financial Officer, Employees, and Contractors Providing Personal Care or Services, Employees who have access to client property, funds or living areas.

“Adult day care center” means any building, buildings, or part of a building, whether operated for profit or not, which is provided through its ownership or management, for a part of a day, basic services to three or more persons who are 18 years of age or older, who are not related to the owner or operator by blood or marriage, and who require such services. “Basic services” include, but are not limited to, providing a protective setting that is as non-institutional as possible; therapeutic programs of social and health activities and services; leisure activities; self-care training; rest; nutritional services; and respite care.

The licensing of Adult Day Care Centers is regulated by AHCA, Florida’s Agency for Healthcare Administration.

The Level 2 Background Check for Adult Day Care Centers is required by AHCA and is based on F.S. 429.919. The statute says that the agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e) pursuant to chapter 435 and s. 408.809

“Adult Day Care Center Personnel” means persons who are employed by or under contract with an Adult Day Care Center, and it includes but is not limited to the Owner, Administrator, Financial Officer, Employees and Contractors Providing Personal Care or Services, Employees that have access to client property, funds or living areas.

“Adult family-care home” means a full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives.

The licensing of Adult family-care homes is regulated by AHCA, Florida Agency for Healthcare Administration.

The Level 2 Background Check for Adult family-care homes is required by AHCA and is based on F.S. 429.67. The statute says that the agency shall require level 2 background screening for personnel as required in s. 408.809(1)(e), including the adult family-care home provider, the designated relief person, and all adult household members, pursuant to Chapter 435 and s. 408.809

“Adult family-care homes personnel” means persons who are employed by or under contract with an Adult family-care home, and it includes but is not limited to the Owner, Administrator, Employees, and Contractors Providing Personal Care or Services, Employees that have access to client property, funds or living areas

Florida Division of Vocational Rehabilitation (“FLVR”) was added to Florida Agency for Health Care Administration (AHCA) Clearinghouse effective May 13, 2014.  FLVR was assigned with four ORIs numbers listed below, and all ORIs are for retained prints.  All submissions for the Division of Vocational Rehabilitation must be made under the indicated ORIs.  IDENTICO’s price for fingerprint and photo submissions to below Division of Vocational Rehabilitation ORI numbers are: 

EDOEVR100 – Vendor Registration Employee – $85.00
VDOEVR100 – Vendor Registration Volunteer – $85.00
EDOEVR200 – Independent Living Employee –  $85.00
VDOEVR200 – Independent Living Volunteer –  $85.00

Submissions under the Division of Vocational Rehabilitation ORI numbers are accompanied by a photograph of the individuals wanting their screening entered into the Clearinghouse.

Level 2 Background Check involves a state and national fingerprint-based examination, considering disqualifying offenses.  Here’s a detailed look at the process:

1. Your fingerprints are transmitted from state repositories, like FDLE, to the FBI’s Integrated Automated Fingerprint Identification System (IAFIS). IAFIS is a national fingerprint and criminal history system that operates 24/7, 365 days a year. Its primary purpose is to assist local, state, and federal agencies in solving and preventing crimes, as well as identifying and apprehending criminals and terrorists.

2. IAFIS offers a range of automated fingerprint search capabilities, latent fingerprint searching, electronic image storage, and electronic fingerprint and response exchange. It goes beyond just fingerprints and includes corresponding criminal histories, mug shots, photographs of scars and tattoos, and physical characteristics like height, weight, and hair and eye color. Aliases are also part of the database. Civil fingerprints, mainly of individuals in the U.S. military or federal government employment, are included voluntarily by state, local, and federal law enforcement agencies.

3. IAFIS is the world’s largest biometric database, housing fingerprints and criminal histories of over 66 million subjects in the criminal master file, as well as more than 25 million civil prints. Additionally, it contains fingerprints from 73,000 known and suspected terrorists processed by the U.S. or international law enforcement agencies working in cooperation with the FBI.

4. The system boasts remarkable efficiency, with an average response time of about 10 minutes for electronic criminal fingerprint submissions and approximately one hour and 12 minutes for electronic civil submissions. IAFIS handles an average of around 162,000 ten-print submissions daily.

5. IAFIS was launched on July 28, 1999, revolutionizing the fingerprint processing landscape. Prior to this, the processing of ten-print fingerprint submissions was a labor-intensive, manual process that took weeks or months to complete a single submission. The FBI has been the national repository for fingerprints and related criminal history data since 1924 when it consolidated over 800,000 fingerprint records from the National Bureau of Criminal Identification and Leavenworth Penitentiary. The first computer-based fingerprint searches began in October 1980.

Why do I have a criminal history record shown on Level 2 Background Check 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, in 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.