Here is the summary of major changes:
- Live Scan can be utilized by any provider that is authorized to screen through the BGS office under FS 435.
- “No Clearance, No work” No employee/applicant can begin working until they are determined to be cleared for all Background Screening requirements to include local law enforcement checks.
- Additional disqualifying offenses were added to F.S. 435.
- Anyone screened under 435 (Employee/Foster Parent) is automatically disqualified from their position if arrested for a disqualifying offense pending the disposition of case.
- New 5 year re-screen requirement is a fingerprint screen (FBI/FDLE) instead of FDLE only.
- Domestic Violence Injunctions/Civil matters are no longer disqualifying.
- Facility/Provider receives a determination from the DCF Background Screening office for FBI and FDLE.
- The clearance is sent to the provider electronically via email.
- When Live scan results are received with no criminal history, the clearance letter will be issued electronically within 5 days of live scan transmission of prints to FDLE by the live scan vendor.
Once the Live Scan Vendor transmits the prints to FDLE (which is usually within 24 hours of actually rolling the prints), FDLE takes 48 hours to get the results to DCF electronically. BGS will issue a clearance letter via email within 48 hours of receiving the results from FDLE.
Should a result contain potentially disqualifying criminal history or returned as illegible, the determination process depends on the length of time taken by the applicant to provide BGS with the reprint or court certified/required information.
- New Affidavit of Good Moral Character
Due to additional offenses added Aug. 1, 2010, the new affidavit should be signed by new hires and at the next
5- Year re-screen for employees hired prior to Aug 1, 2010.
Any previous charges that are now disqualifying are required to be addressed at the 5-year re-screen.
An applicant must wait 3 years once the applicant has completed or been lawfully released from confinement, supervision or sanction for the disqualifying felony whether committed as an adult or a juvenile.
An applicant is eligible for consideration once the applicant has completed or been lawfully released from confinement supervision or sanction for the disqualifying misdemeanor.
An applicant that committed a felony that has since been reclassified and is now considered to be a misdemeanor , is eligible to apply for an exemption after the applicant has completed or been lawfully released from confinement, supervision or sanction for the disqualifying offense.
An individual designated as a sexual predator, sexual offender or career offender is not eligible for an Exemption from Disqualification.
The most significant change to our providers is that employers will not be able to employ applicants for positions of special trust or responsibility until the applicants are cleared by a complete background screen to include a fingerprint-based search of criminal records in Florida and nationally.
In order to timely meet the needs of our partners, the Department is requesting that providers ask applicants to submit fingerprints using electronic LiveScan through private vendors.
LiveScan results can be received by the Department in as little as 24 to 48 hours. This is in contrast to hard copy fingerprint submission results being received and processed by the Department anywhere from 4 to 6 weeks.