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]
Existing employees or contractors screened, qualified and hired before August 1, 2010, that have a disqualifying offense revealed during a rescreening that was not disqualifying at the time of the prior screening, may continue to work, if the employer agrees, while applying for an exemption from disqualification as long as the employee/contractor is eligible to apply for an exemption and the application is received by the appropriate agency within 30 days after receipt of the rescreening results. This provision does not apply to staff hired before August 1, 2010, who has never been screened. [ Reference 408.809(4)]
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 our secure website. Notifications by mail will no longer be available. The website will also indicate if the individual has applied for or has a decision for an Exemption from Disqualification.
Providers may access the screening results through the Agency’s secure website at: Background Screening Results Web Site
The new law added additional disqualifying criminal offenses (includes luring and enticing a child; voyeurism, video voyeurism; and unlawful sexual activity with certain minors).
A health care provider may 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. The following Affidavit of Compliance with Background Screening may be used for this requirement.
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.