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AHCA Level 2 Background Screening

🗸 LIVESCAN 🗸 CLEARINGHOUSE w. PHOTO 🗸 WALK-IN 🗸 MOBILE 🗸 MAIL-IN

At our walk-in office located at 4012 SW 18th Street, West Park, FL 33023, the cost of AHCA Level 2 Background Screening  is $85.00 and includes:

(i) Fingerprint submissions for Level 2 Screening to FDLE and FBI via ORI# EAHCA020 (AHCA General), EAHCA790Z (Managed Care), or EAHCA013Z (Medicaid Provider Enrollment).

(ii) Photo Submission to the Clearinghouse.

(iii) 5-year FDLE fingerprint retention costs.

We also offer Mobile Fingerprinting Services throughout South Florida.

Furthermore, we provide a convenient service for out-of-state applicants. If you have prints taken on FD-258 Fingerprint Cards that need to be processed, we can digitize your prints by scanning the cards and submitting the digital file to AHCA ORI. 

To request more information or a quote for our Mobile Fingerprinting or Fingerprint Card Scanning services, please call us today at (954) 239-8590 or send us an email at info@myidentico.com.

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

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

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.

(1) Level 2 background screening pursuant to Chapter 435 must be conducted through the agency on each of the following persons, who are considered employees for the purposes of conducting screening under Chapter 435:
(a) The licensee, if an individual.
(b) The administrator or a similarly titled person who is responsible for the day-to-day operation of the provider.
(c) The financial officer or similarly titled individual who is responsible for the financial operation of the licensee or provider.
(d) Any person who has a controlling interest.
(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, or contracting with a licensee or provider to work 20 hours a week or more who will have access to client funds, personal property, or living areas. Evidence of contractor screening may be retained by the contractor’s employer or the licensee.
(2) Every 5 years following his or her licensure, employment, or entry into a contract in a capacity that under subsection (1) would require level 2 background screening under chapter 435, each such person must submit to level 2 background rescreening as a condition of retaining such license or continuing in such employment or contractual status. For any such rescreening, the agency shall request the Department of Law Enforcement to forward the person’s fingerprints to the Federal Bureau of Investigation for a national criminal history record check unless the person’s fingerprints are enrolled in the Federal Bureau of Investigation’s national retained print arrest notification program. If the fingerprints of such a person are not retained by the Department of Law Enforcement under s. 943.05(2)(g) and (h), the person must submit fingerprints electronically to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The fingerprints shall be retained by the Department of Law Enforcement under s. 943.05(2)(g) and (h) and enrolled in the national retained print arrest notification program when the Department of Law Enforcement begins participation in the program. The cost of the state and national criminal history records checks required by level 2 screening may be borne by the licensee or the person fingerprinted. The agency may accept as satisfying the requirements of this section proof of compliance with level 2 screening standards submitted within the previous 5 years to meet any provider or professional licensure requirements of the Department of Financial Services for an applicant for a certificate of authority or provisional certificate of authority to operate a continuing care retirement community under chapter 651, provided that:
(a) The screening standards and disqualifying offenses for the prior screening are equivalent to those specified in s. 435.04 and this section;
(b) The person subject to screening has not had a break in service from a position that requires level 2 screening for more than 90 days; and
(c) Such proof is accompanied, under penalty of perjury, by an attestation of compliance with chapter 435 and this section using forms provided by the agency.
(3) All fingerprints must be provided in electronic format. Screening results shall be reviewed by the agency with respect to the offenses specified in s. 435.04 and this section, and the qualifying or disqualifying status of the person named in the request shall be maintained in a database. The qualifying or disqualifying status of the person named in the request shall be posted on a secure website for retrieval by the licensee or designated agent on the licensee’s behalf.
(4) In addition to the offenses listed in s. 435.04, all persons required to undergo background screening pursuant to this part or authorizing statutes must not have an arrest awaiting final disposition for, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record not have been sealed or expunged for any of the following offenses or any similar offense of another jurisdiction:
(a) Any authorizing statutes, if the offense was a felony.
(b) This chapter, if the offense was a felony.
(c) Section 409.920, relating to Medicaid provider fraud.
(d) Section 409.9201, relating to Medicaid fraud.
(e) Section 741.28, relating to domestic violence.
(f) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.
(g) Section 784.03, relating to battery, if the victim is a vulnerable adult as defined in s. 415.102 or a patient or resident of a facility licensed under chapter 395, chapter 400, or chapter 429.
(h) Section 817.034, relating to fraudulent acts through mail, wire, radio, electromagnetic, photoelectronic, or photooptical systems.
(i) Section 817.234, relating to false and fraudulent insurance claims.
(j) Section 817.481, relating to obtaining goods by using a false or expired credit card or other credit device, if the offense was a felony.
(k) Section 817.50, relating to fraudulently obtaining goods or services from a health care provider.
(l) Section 817.505, relating to patient brokering.
(m) Section 817.568, relating to criminal use of personal identification information.
(n) Section 817.60, relating to obtaining a credit card through fraudulent means.
(o) Section 817.61, relating to fraudulent use of credit cards, if the offense was a felony.
(p) Section 831.01, relating to forgery.
(q) Section 831.02, relating to uttering forged instruments.
(r) Section 831.07, relating to forging bank bills, checks, drafts, or promissory notes.
(s) Section 831.09, relating to uttering forged bank bills, checks, drafts, or promissory notes.
(t) Section 831.30, relating to fraud in obtaining medicinal drugs.
(u) Section 831.31, relating to the sale, manufacture, delivery, or possession with the intent to sell, manufacture, or deliver any counterfeit controlled substance, if the offense was a felony.
(v) Section 895.03, relating to racketeering and collection of unlawful debts.
(w) Section 896.101, relating to the Florida Money Laundering Act.

If, upon rescreening, a person who is currently employed or contracted with a licensee was screened and qualified under s. 435.04 has a disqualifying offense that was not a disqualifying offense at the time of the last screening, but is a current disqualifying offense and was committed before the last screening, he or she may apply for an exemption from the appropriate licensing agency and, if agreed to by the employer, may continue to perform his or her duties until the licensing agency renders a decision on the application for exemption if the person is eligible to apply for an exemption and the exemption request is received by the agency no later than 30 days after receipt of the rescreening results by the person.

(5) The costs associated with obtaining the required screening must be borne by the licensee or the person subject to screening. Licensees may reimburse persons for these costs. The Department of Law Enforcement shall charge the agency for screening pursuant to s. 943.053(3). The agency shall establish a schedule of fees to cover the costs of screening.
(6)(a) As provided in chapter 435, the agency may grant an exemption from disqualification to a person who is subject to this section and who:
1. Does not have an active professional license or certification from the Department of Health; or
2. Has an active professional license or certification from the Department of Health but is not providing a service within the scope of that license or certification.
(b) As provided in Chapter 435, the appropriate regulatory board within the Department of Health, or the department itself if there is no board, may grant an exemption from disqualification to a person who is subject to this section and who has received a professional license or certification from the Department of Health or a regulatory board within that department and that person is providing a service within the scope of his or her licensed or certified practice.
(7) The agency and the Department of Health may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section, chapter 435, and authorizing statutes requiring background screening and to implement and adopt criteria relating to retaining fingerprints pursuant to s. 943.05(2).
(8) There is no reemployment assistance or other monetary liability on the part of, and no cause of action for damages arising against, an employer that, upon notice of a disqualifying offense listed under Chapter 435 or this section, terminates the person against whom the report was issued, whether or not that person has filed for an exemption with the Department of Health or the agency.

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.

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.

At our walk-in office located at 4012 SW 18th Street, West Park, FL 33023, the cost of AHCA Level 2 Background Screening  is $85.00 and includes:

(i) Fingerprint submissions for Level 2 Screening to FDLE and FBI via ORI# EAHCA020 (AHCA General), EAHCA790Z (Managed Care), or EAHCA013Z (Medicaid Provider Enrollment).

(ii) Photo Submission to the Clearinghouse.

(iii) 5-year FDLE fingerprint retention costs.

We also offer Mobile Fingerprinting Services throughout South Florida.

Furthermore, we provide a convenient service for out-of-state applicants. If you have prints taken on FD-258 Fingerprint Cards that need to be processed, we can digitize your prints by scanning the cards and submitting the digital file to AHCA ORI. 

To request more information or a quote for our Mobile Fingerprinting or Fingerprint Card Scanning services, please call us today at (954) 239-8590 or send us an email at info@myidentico.com.

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

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

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.

(1) Level 2 background screening pursuant to Chapter 435 must be conducted through the agency on each of the following persons, who are considered employees for the purposes of conducting screening under Chapter 435:
(a) The licensee, if an individual.
(b) The administrator or a similarly titled person who is responsible for the day-to-day operation of the provider.
(c) The financial officer or similarly titled individual who is responsible for the financial operation of the licensee or provider.
(d) Any person who has a controlling interest.
(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, or contracting with a licensee or provider to work 20 hours a week or more who will have access to client funds, personal property, or living areas. Evidence of contractor screening may be retained by the contractor’s employer or the licensee.
(2) Every 5 years following his or her licensure, employment, or entry into a contract in a capacity that under subsection (1) would require level 2 background screening under chapter 435, each such person must submit to level 2 background rescreening as a condition of retaining such license or continuing in such employment or contractual status. For any such rescreening, the agency shall request the Department of Law Enforcement to forward the person’s fingerprints to the Federal Bureau of Investigation for a national criminal history record check unless the person’s fingerprints are enrolled in the Federal Bureau of Investigation’s national retained print arrest notification program. If the fingerprints of such a person are not retained by the Department of Law Enforcement under s. 943.05(2)(g) and (h), the person must submit fingerprints electronically to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The fingerprints shall be retained by the Department of Law Enforcement under s. 943.05(2)(g) and (h) and enrolled in the national retained print arrest notification program when the Department of Law Enforcement begins participation in the program. The cost of the state and national criminal history records checks required by level 2 screening may be borne by the licensee or the person fingerprinted. The agency may accept as satisfying the requirements of this section proof of compliance with level 2 screening standards submitted within the previous 5 years to meet any provider or professional licensure requirements of the Department of Financial Services for an applicant for a certificate of authority or provisional certificate of authority to operate a continuing care retirement community under chapter 651, provided that:
(a) The screening standards and disqualifying offenses for the prior screening are equivalent to those specified in s. 435.04 and this section;
(b) The person subject to screening has not had a break in service from a position that requires level 2 screening for more than 90 days; and
(c) Such proof is accompanied, under penalty of perjury, by an attestation of compliance with chapter 435 and this section using forms provided by the agency.
(3) All fingerprints must be provided in electronic format. Screening results shall be reviewed by the agency with respect to the offenses specified in s. 435.04 and this section, and the qualifying or disqualifying status of the person named in the request shall be maintained in a database. The qualifying or disqualifying status of the person named in the request shall be posted on a secure website for retrieval by the licensee or designated agent on the licensee’s behalf.
(4) In addition to the offenses listed in s. 435.04, all persons required to undergo background screening pursuant to this part or authorizing statutes must not have an arrest awaiting final disposition for, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record not have been sealed or expunged for any of the following offenses or any similar offense of another jurisdiction:
(a) Any authorizing statutes, if the offense was a felony.
(b) This chapter, if the offense was a felony.
(c) Section 409.920, relating to Medicaid provider fraud.
(d) Section 409.9201, relating to Medicaid fraud.
(e) Section 741.28, relating to domestic violence.
(f) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.
(g) Section 784.03, relating to battery, if the victim is a vulnerable adult as defined in s. 415.102 or a patient or resident of a facility licensed under chapter 395, chapter 400, or chapter 429.
(h) Section 817.034, relating to fraudulent acts through mail, wire, radio, electromagnetic, photoelectronic, or photooptical systems.
(i) Section 817.234, relating to false and fraudulent insurance claims.
(j) Section 817.481, relating to obtaining goods by using a false or expired credit card or other credit device, if the offense was a felony.
(k) Section 817.50, relating to fraudulently obtaining goods or services from a health care provider.
(l) Section 817.505, relating to patient brokering.
(m) Section 817.568, relating to criminal use of personal identification information.
(n) Section 817.60, relating to obtaining a credit card through fraudulent means.
(o) Section 817.61, relating to fraudulent use of credit cards, if the offense was a felony.
(p) Section 831.01, relating to forgery.
(q) Section 831.02, relating to uttering forged instruments.
(r) Section 831.07, relating to forging bank bills, checks, drafts, or promissory notes.
(s) Section 831.09, relating to uttering forged bank bills, checks, drafts, or promissory notes.
(t) Section 831.30, relating to fraud in obtaining medicinal drugs.
(u) Section 831.31, relating to the sale, manufacture, delivery, or possession with the intent to sell, manufacture, or deliver any counterfeit controlled substance, if the offense was a felony.
(v) Section 895.03, relating to racketeering and collection of unlawful debts.
(w) Section 896.101, relating to the Florida Money Laundering Act.

If, upon rescreening, a person who is currently employed or contracted with a licensee was screened and qualified under s. 435.04 has a disqualifying offense that was not a disqualifying offense at the time of the last screening, but is a current disqualifying offense and was committed before the last screening, he or she may apply for an exemption from the appropriate licensing agency and, if agreed to by the employer, may continue to perform his or her duties until the licensing agency renders a decision on the application for exemption if the person is eligible to apply for an exemption and the exemption request is received by the agency no later than 30 days after receipt of the rescreening results by the person.

(5) The costs associated with obtaining the required screening must be borne by the licensee or the person subject to screening. Licensees may reimburse persons for these costs. The Department of Law Enforcement shall charge the agency for screening pursuant to s. 943.053(3). The agency shall establish a schedule of fees to cover the costs of screening.
(6)(a) As provided in chapter 435, the agency may grant an exemption from disqualification to a person who is subject to this section and who:
1. Does not have an active professional license or certification from the Department of Health; or
2. Has an active professional license or certification from the Department of Health but is not providing a service within the scope of that license or certification.
(b) As provided in Chapter 435, the appropriate regulatory board within the Department of Health, or the department itself if there is no board, may grant an exemption from disqualification to a person who is subject to this section and who has received a professional license or certification from the Department of Health or a regulatory board within that department and that person is providing a service within the scope of his or her licensed or certified practice.
(7) The agency and the Department of Health may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section, chapter 435, and authorizing statutes requiring background screening and to implement and adopt criteria relating to retaining fingerprints pursuant to s. 943.05(2).
(8) There is no reemployment assistance or other monetary liability on the part of, and no cause of action for damages arising against, an employer that, upon notice of a disqualifying offense listed under Chapter 435 or this section, terminates the person against whom the report was issued, whether or not that person has filed for an exemption with the Department of Health or the agency.

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.

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AHCA Level 2 Background Screening

🗸 LIVESCAN 🗸 CLEARINGHOUSE w. PHOTO 🗸 WALK-IN 🗸 MOBILE 🗸 MAIL-IN

At our walk-in office located at 4012 SW 18th Street, West Park, FL 33023, the cost of AHCA Level 2 Background Screening  is $85.00 and includes:

(i) Fingerprint submissions for Level 2 Screening to FDLE and FBI via ORI# EAHCA020 (AHCA General), EAHCA790Z (Managed Care), or EAHCA013Z (Medicaid Provider Enrollment).

(ii) Photo Submission to the Clearinghouse.

(iii) 5-year FDLE fingerprint retention costs.

We also offer Mobile Fingerprinting Services throughout South Florida.

Furthermore, we provide a convenient service for out-of-state applicants. If you have prints taken on FD-258 Fingerprint Cards that need to be processed, we can digitize your prints by scanning the cards and submitting the digital file to AHCA ORI. 

To request more information or a quote for our Mobile Fingerprinting or Fingerprint Card Scanning services, please call us today at (954) 239-8590 or send us an email at info@myidentico.com.

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.

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