DBPR License Electronic Fingerprinting

The Level 2 Background Screening for Florida Real Estate Broker License, Florida Real Estate Sales Associate License, Florida Real Estate Agent License, Real Estate School administrators, and Real Estate Appraisers license in Florida is mandated through F.S. 475.175.

The applicant must submit to the DBPR the appropriate signed or electronically authenticated application, digital fingerprint data, and fee. The digital fingerprints shall be forwarded to the Division of Criminal Justice Information Systems within the Department of Law Enforcement for the purposes of processing the fingerprints to determine if the applicant has a criminal history record. The fingerprints shall also be forwarded to the Federal Bureau of Investigation for purposes of processing the fingerprints to determine if the applicant has a criminal history record. The information obtained by the processing of the fingerprints by the Department of Law Enforcement and the Federal Bureau of Investigation shall be sent to the DBPR for the purpose of determining if the applicant is statutorily qualified for the examination.

The Level 2 Background Screening and digital fingerprinting are required as part of the application for:

Florida Roofing Contractor License

Florida Sheet Metal Contractor License

Florida General Contractor License

Florida Air-Conditioning Contractor License

Florida Mechanical Contractor License

Florida Pool Contractor License

Florida Plumbing Contractor License

Florida Underground Utility and Excavation Contractor License

According to F.S. 489.107

489.107 Construction Industry Licensing Board

(6) An applicant for initial issuance of a certificate or registration shall submit to a statewide criminal history records check through the Department of Law Enforcement. The Department of Business and Professional Regulation shall submit the requests for the criminal history records check to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall return the results to the department to determine if the applicant meets certification or registration requirements. If the applicant has been convicted of a felony, the board may deny licensure to the applicant based on the severity of the crime, the relationship of the crime to contracting, or the potential for public harm. The board shall also, in denying or approving licensure, consider the length of time since the commission of the crime and the rehabilitation of the applicant. The board may not deny licensure to an applicant based solely upon a felony conviction or the applicant’s failure to provide proof of restoration of civil rights.

(9) An initial applicant shall submit, along with the application, a complete set of fingerprints to the department. The fingerprints shall be submitted to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward them to the Federal Bureau of Investigation for national processing for the purpose of determining if the applicant has a criminal history record. The department shall and the board may review the background results to determine if an applicant meets licensure requirements. The cost for fingerprint processing shall be borne by the person subject to the background screening. These fees are to be collected by authorized agencies or vendors. The authorized agencies or vendors are responsible for paying the processing costs to the Department of Law Enforcement.

The Licensing for Liquor and Tobacco trading in the State of Florida is highly regulated and controlled. Businesses must comply both with state and federal regulations on Liquor and Tobacco Product Distribution. There is created within the Department of Business and Professional Regulation the Division of Alcoholic Beverages and Tobacco, shall supervise the conduct, management, and operation of the manufacturing, packaging, distribution, and sale within the state of all alcoholic beverages within and shall enforce the provisions of the Beverage Law and the tobacco law and rules and regulations of the division in connection therewith. It is the express legislative intent that the state retains primary regulatory authority over the activities of licensees under the Beverage Law within the power of the state and the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.

The Level 2 Background Screening for Florida Liquor License is required as part of F.S. 561.15 and F.S. 561.17

561.15 Licenses; qualifications required

(2) No license under the Beverage Law shall be issued to any person who has been convicted within the last past 5 years of any offense against the beverage laws of this state, the United States, or any other state; who has been convicted within the last past 5 years in this state or any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, or keeping a disorderly place or of any criminal violation of chapter 893 or the controlled substance act of any other state or the Federal Government; or who has been convicted in the last past 15 years of any felony in this state or any other state or the United States; or to a corporation, any of the officers of which shall have been so convicted. The term “conviction” shall include an adjudication of guilt on a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime.

561.17 License and registration applications; an approved person

(1) Any person, before engaging in the business of manufacturing, bottling, distributing, selling, or in any way dealing in alcoholic beverages, shall file, with the district licensing personnel of the district of the division in which the place of business for which a license is sought is located, a sworn application in the format prescribed by the division. The applicant must be a legal or business entity, person, or persons and must include all persons, officers, shareholders, and directors of such legal or business entity that have a direct or indirect interest in the business seeking to be licensed under this part. However, the applicant does not include any person who derives revenue from the license solely through a contractual relationship with the licensee, the substance of which contractual relationship is not related to the control of the sale of alcoholic beverages. Before any application is approved, the division may require the applicant to file a set of fingerprints on regular United States Department of Justice forms for herself or himself and for any person or persons interested directly or indirectly with the applicant in the business for which the license is being sought, when required by the division. If the applicant or any person who is interested in the applicant either directly or indirectly in the business or who has a security interest in the license being sought or has a right to a percentage payment from the proceeds of the business, either by lease or otherwise, is not qualified, the division shall deny the application. However, any company regularly traded on a national securities exchange and not over the counter; any insurer, as defined in the Florida Insurance Code; or any bank or savings and loan association chartered by this state, another state, or the United States which has an interest, directly or indirectly, in an alcoholic beverage license is not required to obtain the division’s approval of its officers, directors, or stockholders or any change of such positions or interests. A shopping center with five or more stores, one or more of which has an alcoholic beverage license and is required under a lease common to all shopping center tenants to pay no more than 10 percent of the gross proceeds of the business holding the license to the shopping center, is not considered as having an interest, directly or indirectly, in the license.

(2) All applications for alcoholic beverage licenses for consumption on the premises shall be accompanied by a certificate from the Division of Hotels and Restaurants of the Department of Business and Professional Regulation the Department of Agriculture and Consumer Services or the Department of Health or the county health department that the place of business wherein the business is to be conducted meets all of the sanitary requirements of the state.

The Level 2 Background Screening for Community Association Manager License in Florida is required by F.S. 468.433

“Community Association Manager” means a natural person who is licensed pursuant to this part to perform community association management services which include the following practices requiring substantial specialized knowledge, judgment, and managerial skill when done for remuneration and when the association or associations served contain more than 10 units or have an annual budget or budgets in excess of $100,000: controlling or disbursing funds of a community association, preparing budgets or other financial documents for a community association, assisting in the noticing or conduct of community association meetings, and coordinating maintenance for the residential development and other day-to-day services involved with the operation of a community association. A person who performs clerical or ministerial functions under the direct supervision and control of a licensed manager or who is charged only with performing the maintenance of a community association and who does not assist in any of the management services described in this subsection is not required to be licensed under this part.

The statute states:

F.S. 468.433— Community Association Manager Licensing

A person desiring to be licensed as a community association manager shall apply to the Department of Business and Professional Regulation to take the licensure examination. Each applicant must file a complete set of fingerprints that have been taken by an authorized law enforcement officer, which set of fingerprints shall be submitted to the Department of Law Enforcement for state processing and to the Federal Bureau of Investigation for federal processing. The cost of processing shall be borne by the applicant.

The Level 2 Background Screening for Florida Home Inspector License is required by F.S. 468.83

The Legislature recognizes that there is a need to require the licensing of home inspectors and to ensure that consumers of home inspection services can rely on the competence of home inspectors, as determined by educational and experience requirements and testing. Therefore, the Legislature deems it necessary in the interest of the public welfare to regulate home inspectors in this state.

The statute states:

F.S. 468.8313— Home Inspectors Background Screening

(6) An applicant for a home inspector license shall submit, together with the application, a complete set of electronic fingerprints to the Department of Business and Professional Regulation (DBPR). The DBPR shall submit the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward them to the Federal Bureau of Investigation for national processing, to determine whether the applicant has a criminal history record. The department shall review the background results to determine if an applicant meets licensure requirements. The applicant is responsible for the costs associated with processing the fingerprints. The authorized agencies or vendors shall collect such fees and pay for the processing costs due to the Department of Law Enforcement.

The Level 2 Background Screening for Florida Mold Remediation License is required by F.S. 468.84

The Legislature finds it necessary in the interest of public safety and welfare, to prevent damage to real and personal property, to avert economic injury to the residents of this state, and to regulate persons and companies that hold themselves out to the public as qualified to perform mold-related services.

The statute states:

F.S. 468.8413— Mold Remediation License Applicant Background Screening

(6) An applicant for a license shall submit, together with the application, a complete set of electronic fingerprints to the Department of Business and Professional Regulation. The DBPR shall submit the fingerprints to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward them to the Federal Bureau of Investigation for national processing, to determine whether the applicant has a criminal history record. The department shall review the background results to determine if an applicant meets licensure requirements. The applicant is responsible for the costs associated with processing the fingerprints. The authorized agencies or vendors shall collect such fees and pay for the processing costs due to the Department of Law Enforcement.

The Level 2 Background Screening for Talent Agent and Athlete Agent Licensees in Florida is required by F.S. 468.403 (3) and F.S. 468.453 (2)(d).

“Talent agency” means any person who, for compensation, engages in the occupation or business of procuring or attempting to procure engagements for an artist, and the background screening requirements are defined as:

F.S. 468.403 (3)(a) Each owner of a talent agency if other than a corporation and each operator of a talent agency shall submit to the department with the application for licensure of the agency a full set of fingerprints and a photograph of herself or himself taken within the preceding 2 years. The department shall conduct an examination of fingerprint records and police records.

(b) Each owner of a talent agency that is a corporation shall submit to the department, with the application for licensure of the agency, a full set of fingerprints of the principal officer signing the application form and the bond form, and a full set of fingerprints of each operator, and a photograph of each taken within the preceding 2 years. The department shall conduct an examination of fingerprint records and police records.

“Athlete agent” means a person who, directly or indirectly, recruits or solicits a student-athlete to enter into an agent contract, or who, for any type of financial gain, procures, offers, promises, or attempts to obtain employment or promotional fees or benefits for a student-athlete with a professional sports team or as a professional athlete, or with any promoter who markets or attempts to market the student athlete’s athletic ability or athletic reputation. This term includes all employees and other persons acting on behalf of an athlete agent who participates in the activities included under this subsection. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student-athlete or an individual acting solely on behalf of a professional sports team or professional sports organization.

The statutory background screening requirements for Athlete Agents are defined as follows:

F.S.468.453(2)(d)

A person shall be licensed as an athlete agent if the applicant has submitted to the department a fingerprint card for a criminal history records check. The fingerprint card shall be forwarded to the Division of Criminal Justice Information Systems within the Department of Law Enforcement for purposes of processing the fingerprint card to determine if the applicant has a criminal history record. The fingerprint card shall also be forwarded to the Federal Bureau of Investigation for purposes of processing the fingerprint card to determine if the applicant has a criminal history record. The information obtained by the processing of the fingerprint card by the Florida Department of Law Enforcement and the Federal Bureau of Investigation shall be sent to the Department of Business and Professional Regulation for the purpose of determining if the applicant is statutorily qualified for licensure.

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

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

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

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

The Employee Leasing Companies Licensing is regulated by Florida DBPR.