Categories
Live Scan Fingerprinting in Florida (General)

Mobile Fingerprinting in Florida

You have heard about mobile fingerprinting services, but not sure if this service is effective or applicable to your personal or business situation. IDENTICO LLC is FDLE approved live scan vendor with ability to serve your organization with mobile unit, at your location and at your convenience. We are not reading your mind, but if you need to complete any of the followings, then you need to contact us today:  
  • You or your staff are required to get fingerprinted on live scan equipment in order to be compliant with AHCA, DCF, Department of Elderly Affairs, Medicaid Provider Services or VECHS requirement on background screening
  • You believe that it will be great if live scan fingerprinting company will come to your location and conducts a level 2 background check on all employees in one session
  • You are located and need  fingerprinting in Miami-Dade, Broward, Palm Beach or Martin County and thinking about getting fingerprinted ASAP
  • You found out that IDENTICO doesn’t charge a traveling fee if there are 10 or more individuals to be fingerprinted at single location, but even if there are less than 10 people the traveling fee can be as less as $14
  • Don’t be surprise to find out, that our Mobile Fingerprinting unit can fingerprint up-to 85 persons/ day in one single session
  • And most importantly here is the schedule of fee for live scan submissions as well as printing on hard copy fingerprint cards:

 

–  AHCA (Agency for Healthcare Administration) Level 2 Live Scan Background Screening includes all healthcare providers – $80.00/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.   –  DCF (Department of Children and Families) Level 2 Live Scan Background Screening. For personnel in Childcare, Mental Health, Developmentally Disabled Care, and Summer Camp programs- $62.00/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee. Consumer must present a valid OCA# number issued by regional DCF office.   –  APD (Agency for Persons with Disabilities) Level 2 Live Scan Background Screening, including CDC+, Medicaid Waiver, Support Coordinators and Group Homes$80.00/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee. Consumer must present a valid OCA# number issued by regional DCF office.   –  DOEA (Department of Elderly Affairs) Level 2 Live Scan Background Screening for Aging Network Providers & Volunteers, Long-Term Care Ombudsman Volunteers- $62/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.   –  DBPR (Florida Department of Business and Professional Regulations). Level 2 Live Scan Background Screening for Real Estate Sales and Brokers, Real Estate Appraisers, General Contractor, Community Association Managers, Alcoholic, Beverages and Tobacco, Home Inspectors, Mold Remediation or Assessment, Talent Agents, Athlete Agents, Employee Leasing, Slot Machine, Yacht and ship brokers License Applicants-$54.25/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.   –  DOACS (Florida Department of Agriculture and Consumer Services) Division of Licensing, Security and Firearm (D & G) License, Private Investigator (C or CC License), Pawn broker, and all other F.S. 493 applicants- $48.25/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.   –  DHSMV (Florida Department of Highway Safety and Motor Vehicles) Level 2 Live Scan Background Screening for Motor vehicle, mobile home and recreational vehicle dealers’ licensees, Commercial driving school instructors, agents and employees- $57.25/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.   –  Legal Name Change Petitioners in Miami-Dade, Broward and Palm Beach County Courts • FDLE criminal history expunction or sealing- $54.25/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.   – VECHS (Volunteer & Employee Criminal History System) for qualified entities providing some type of “care” or “care placement services” for children, the elderly or the disabled- $47.25/Person for Volunteers and $54.25/person for Employees, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.   -FBI criminal history checks for out of country Immigration or legal matters requiring fingerprinting-12$ for hard copy fingerprinting.   – Public and Private School Employees and Contractors. Consumer must present a valid ORI#, OCA# or VECHS number. Fees may vary, please contact us for accurate quote.   -Professional and Non-Professional Guardian Program in Dade-Broward-Palm Beach- $54.25/Person, Includes State & Federal Fees, Taxes, IDENTICO Processing fee.   – Standard FBI Applicant fingerprint card (FD-258) fingerprinting for Federal and State Banking/Investment permits/licenses- 15$ for hard copy fingerprinting.   For more information or to schedule your appointment please contact us today at (954) 239-8590 or visit our official website www.myidentico.com, for more information. Our office is located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, and if you decide to use our in office services feel free to visit us. We have an open-door no appointment is required policy, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.   Sincerely, IDENTICO LLC.
Categories
Live Scan Fingerprinting in Florida (General)

Number of changes to background screening requirements (Senate Bill CS/SB 1992, Vetoed by Governor on 06/23/2011)

Attention: The changes on Senate Bill CS/SB 1992 submitted by Children, Families, and Elder Affairs on 03/10/11 were vetoed by Governor on 06/23/2011. This law is not effective, and the summary of proposed but failed to be accepted changes are posted for your personal consideration.

 

THE FLORIDA SENATE
Committee on Children, Families, and Elder Affairs

The bill makes a number of changes to background screening requirements, primarily pertaining to individuals who work with Florida’s vulnerable populations. Those changes include:

 

  • Exempting from fingerprinting and screening requirements, mental health personnel working in a facility licensed under ch. 395, F.S., who work on an intermittent basis for less than 15 hours a week of direct, face-to-face contact with patients, except that individuals working in a mental health facility where the primary purpose is the mental health treatment of minors must be fingerprinted and meet screening requirements;
  • Revising the list of professionals to include law enforcement officers so that officers are not required to be refingerprinted or rescreened if they are working or volunteering in a capacity that would otherwise require them to be screened;
  • Exempting, from the definition of “direct service provider;” individuals who are related to the client, the client’s spouse, and volunteers who assist on an intermittent basis for less than 20 hours of direct, face-to-face contact with a client per month;
  • Exempting, from any additional Level 2 background screening requirements, an individual who was background screened pursuant to an Agency for Health Care Administration (AHCA) licensure requirement if they are providing a service within the scope of their licensed practice;
  • Allowing the Department of Elderly Affairs (DOEA) to adopt rules to implement a schedule to phase in the background screening of individuals serving as direct service providers on July 31, 2010. The phase in must be completed by July 1, 2012;
  • Specifying that employers of direct service providers previously qualified for employment or volunteer work under Level 1 screening standards, and individuals required to be screened according to the Level 2 screening standards, shall be rescreened every five years, except in cases where fingerprints are electronically retained and monitored by the Department of Law Enforcement (FDLE);
  • Removing a provision relating to criminal offenses that was inadvertently applied to theDOEA;
  • Requiring fingerprint vendors to meet certain technology requirements;
  • Establishing a July 1, 2013, date for retention of prints for persons screened under ch. 435, F.S.;
  • Allowing an employer to hire an employee for the purpose of training and orientation before the employee completes the screening process.  The employee may not have direct contact with vulnerable persons until the screening process is complete;
  • Providing personnel of a qualified entity, as defined in ch. 943, F.S., with the ability toapply for an exemption from disqualification from being employed;
  • Establishing a rescreening schedule for individuals required by the AHCA to be screened;
  • Requiring the Board of Nursing to waive background screening requirements for certain certified nursing assistants; and
  • Requiring the Department of Children and Family Services, the Department of Juvenile Justice, the AHCA, the DOEA, the Department of Health, the Agency for Persons with Disabilities, and the Department of Law Enforcement to establish a statewide background screening workgroup, providing duties of the workgroup, and requiring a report to the Legislature by November 1, 2011.

 

If approved by the Governor, these provisions would have take effect on July 1, 2011. (Never Happened)

For a full text of the failed to pass bill CS/SB 1992, please visit http://www.flsenate.gov/Session/Bill/2011/1992/BillText/er/PDF.

With any inquiries regarding level 2 background screening or live scan fingerprinting in South Florida, please contact IDENTICO LLC (FDLE approved live scan vendor) today. You may call us at (954) 239-8590 or (888) 988-8969. For more information please visit our official webpage www.myidentico.com or visit our location at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021

 

Sincrely,

The team of IDENTICO LLC.

Categories
APD Background Screening DCF Background Screening

Background Screening law changes affecting APD providers in the State of Florida

Attention APD Providers,

 

On May 17, 2010, Governor Crist signed House Bill 7069 into law. This law substantially rewrites requirements and procedures for background screening of the persons and businesses that deal primarily with vulnerable populations, including all direct service providers screened pursuant to section 393.0655, Florida Statutes.

 

Key changes made by the bill:

 

• Prohibits any person required to be screened from beginning work until the screening process has been completed.

• Increases all Level 1 screening to Level 2 screening.

• Requires all fingerprints to be submitted through Livescan by July 1, 2012.

• Requires all direct service providers for Agency clients to complete Level 2 background screening.

• Adds additional crimes to the list of disqualifying offenses.

• Provides that any person who has been arrested for a disqualifying offense may not provide direct services to an agency client until final disposition of the alleged offense.

• Authorize agencies to request the retention of fingerprints by the Florida Department of Law Enforcement.

• Provides that an exemption for a disqualifying felony may not be granted until at least three years after the completion of all sentencing sanctions for that felony.

• Requires that all exemptions from disqualification be granted only by the agency head.

 

The following offenses were added to the list of disqualifying offenses for all persons screened pursuant to section 435.04, Florida Statute (F.S).

 

• (m) section 787.025; luring or enticing a child for an unlawful purpose

• (t) section 794.05; unlawful sexual activity with certain minors

• (y) section 810.02; burglary

• (z) section 810.14; voyeurism, if a felony

• (aa) section 810.145; video voyeurism, if a felony, and

• (uu) section 944.40; escape

In addition to the offenses added to 435.04, F.S., the following offenses have been added to the screening requirements of section 393.0655, F.S.:

• (c) section 409.920; relating to Medicaid provider fraud

• (d) section 409.921; relating to Medicaid fraud

• (e) section 817.034; relating to fraudulent acts through mail, wire, radio, electromagnetic, photoelectronic, or photooptical systems

• (f) section 817.234; relating to false and fraudulent insurance claims

• (g) section 817.505; relating to patient brokering

• (h) Section 817.568; relating to criminal use of personal identification information

• (i) section 817.60; relating to obtaining a credit card through fraudulent means

• (j) section 817.61; relating to fraudulent use of credit cards, if the offense was a felony

• (k) section 831.01; relating to forgery

• (l) section 831.02; relating to uttering forged instruments

• (m) section 831.07; relating to forging bank bills, checks, drafts, or promissory notes, and

• (n) section 831.09; relating to uttering forged bank bills, checks, drafts or promissory notes

 

Providers who are currently enrolled are not required to be rescreened until their 5-year rescreening or rescreening is required pursuant to section 393.0655, F.S., section 393.0657, F.S., or chapter 435, F.S. There is a strong possibility that employees and providers that have cleared background screening may present with prior offenses that are now disqualifying. The Agency for Persons with Disabilities will coordinate with the Department of Children and Families to effectively deal with these issues.

 

This change in law takes effect August 1, 2010. If you have any questions or if we can be of any assistance, please contact IDENTICO LLC today. We are FDLE authorized live scan vendor with capacity to fingerprint APD providers in APD Area 15, APD Area 9, APD Area 10 and APD area 11. We work cooperatively with DCF background screening units and assist clients with any questions related to live scan fingerprinting, level 2 background checks and support in communication with DCF screeners.

 

Please contact us today by calling (954) 239-8590 or visit us online at www.myidentico.com. The fee for electronic fingerprinting for APD is only $80.00, just bring your ID and OCA number, and we’ll handle the rest.

 

Sincerely,

IDENTICO LLC.

Categories
APD Background Screening DCF Background Screening

Background Screening requirements for CDC+ program run by Florida APD

CDC+ Background Screening Process Information

 

1. Consumer Directed Care Plus (CDC+) participate/representative (the employer) selects prospective employee/ independent contractor to provide services.

 

2. CDC+ Employer has good moral character form filled out and notarized for the prospective employee/independent contractor.

 

3. CDC+ Employer gives background screening packet to the prospective employee/independent contractor who completes the forms and then goes to an approved Florida Department of Law Enforcement (FDLE) vendor to get his fingerprints taken. The fingerprint vendor (who took the prints) is responsible for sending results to FDLE. This must be accomplished using the CDC + ORI/OCA codes.

 

4. Background screening is completed by (FDLE)/Federal Bureau of Investigation (FBI) and results returned to Department of Children and Families (DCF) or Agency for Persons with Disabilities (APD).

 

5. DCF determines eligibility and emails the clearance letter to APD for Area staff to print and provide to CDC+ Consultant.

 

6. CDC+ Consultant gives clearance letter to CDC+ employer to place the clearance letter, the good moral character form, and local checks if completed in the employee file for review as needed.

 

7. The CDC+ employer will retain a copy of the completed background screening packet in their CDC+ file as part of their employee files to be available upon request for review.

 

8. CDC+ employers can share copies of the clearance letter with other CDC+ employers. The new employer must ensure there has not been a break in employment of more than 90 days. Such person must attest under penalty of perjury to not having been convicted of a disqualifying offense since completing their last screening (Good Moral Character form).

 

9. Effective August 2010, Florida’s background screening laws changed to require that all employees of CDC+ participants pass a level 2 background screening before they can begin working for the CDC+ participant who is their employer. A CDC+ participant may share the results of his or her employee’s background screening with another CDC+ participant in order for the other CDC+ participant to use the results as proof of the employee’s having passed the background screening. However, it is the responsibility of the CDC+ participant who receives the background  screening results to make sure the employee in question was employed during that time with no break in employment longer than 90 days.

 

10. If it is a Provider Agency, (i.e. staffing agency for nursing services, Adult Day Training, etc.) then the letter is provided to screened employee after the screening is completed and the Provider Agency would maintain the file for review as the CDC+ employer is subcontracting with this agency.

 

NOTE: The CDC+ Employee can always ask for the scheduled employee coming to the consumer home to bring a copy of the employee clearance letter to ensure that the Agency has conducted the employee screening and the CDC+ employee can be assured that the employee providing direct care to consumer is compliant with the law.

 

IDENTICO LLC is FDLE authorized Live Scan vendor serving APD and CDC+ providers in Area 15, Area 9, Area 10 and Area 11. We can travel to almost every location in Martin County, Palm Beach county, Broward County and Miami Dade County and fingerprint larger groups with our mobile fingerprinting unit. With any question related to APD and CDC+ background screening please call us at (954) 239-8590 or visit us online at www.myidentico.com for more information. You can also schedule the appointment and visit our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021. Bring your ID and OCA# number, the cost of screening is $80.00

 

Sincerely,

IDENTICO LLC.

Categories
AHCA Background Screening APD Background Screening Department of Health Background Screening Florida Department of Elderly Affairs Background Screening

Florida Department of Elder Affairs Background Screening Requirements Emergency Ruling

DEPARTMENT OF ELDER AFFAIRS


Emergency Rule No.: RULE TITLE 58ER10-2: Background Screening Requirements.

 

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

 

The Florida Legislature passed Chapter 2010-114, Laws of Florida (L.O.F.), during the 2010 legislative session. This new law requires that effective August 1, 2010, all individuals seeking employment or volunteerism, which will require direct contact with individuals receiving services under the jurisdiction of the DOEA, must undergo a Level 2 background screening prior to employment or volunteerism. The Department is publishing this emergency rule to protect the health, safety and welfare of its recipients, thus eliminating the threat of immediate danger by reducing the potential for physical, mental or sexual abuse, or financial exploitation.

 

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: This emergency rule establishes criteria for complying with Level 2 background screening requirements pursuant to Chapter 2010-114, L.O.F., and more specifically, pursuant to Sections 430.0402 and 435.01(2), F.S., the later section which provides rulemaking authority to individual agencies affected by the new background screening requirements. In addition, Section 430.08, F.S., provides the DOEA with rulemaking authority to establish rules to implement the provisions of Chapter 430, F.S. The DOEA has been unable to complete the rulemaking process. Consequently, the DOEA finds it necessary to publish this emergency rule to continue to protect the health, safety and welfare of recipients while continuing with the rulemaking process.

 

SUMMARY: This emergency rule establishes criteria and procedures for complying with the new requirement of a Level 2 background screening for all potential employees, who will have direct contact with Department recipients, prior to employment or volunteerism.

 

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Jim Crochet, Department of Elder Affairs, Office of the General Counsel, 4040 Esplanade Way, Suite 315, Tallahassee, FL 32399-7000; telephone (850) 414-2113; Email address: crochethj@elderaffairs.org.

 

THE FULL TEXT OF THE EMERGENCY RULE IS:
58ER10-2 Background Screening Requirements.
(1) DEFINITIONS.
In addition to the term “direct service provider,” as defined in Section 430.0402(1)(b), F.S., the following definitions are included in this rule:


(a) “AHCA” means the Florida Agency for Health Care Administration.
(b) “APD” means the Florida Agency for Persons with Disabilities.
(c) “CDC+” means the Consumer Directed Care Plus Program as described in Section 409.221, F.S.
(d) “Disqualifying Offense” means any criminal offense prohibited in Section 430.0402 or 435.04, F.S.
(e) “DOEA” or “Department” means the Florida Department of Elder Affairs.
(f) “DOH” means the Florida Department of Health.
(g) “FBI” means the Federal Bureau of Investigation.
(h) “FDLE” means the Florida Department of Law Enforcement.
(i) “Level 1 Screening” means an assessment of employment history checks, statewide criminal correspondence checks, local criminal history checks and a check of the Dru Sjodin National Sex Offender Public Website coordinated through FDLE to determine whether screened individuals have any disqualifying offenses pursuant to Section 430.0402 or 435.04, F.S.


1
(j) “Level 2 Screening” means an assessment of the criminal history record obtained through a fingerprint search coordinated through FDLE and the FBI to determine whether screened individuals have any disqualifying offenses pursuant to Section 430.0402 or 435.04, F.S.
(k) “Livescan” means both the technique and the technology used by law enforcement agencies and private facilities to capture fingerprints and palm prints electronically, without the need for the more traditional method of ink and paper.


(2) BACKGROUND SCREENING REQUIREMENTS.
Pursuant to Section 430.0402(1)(a), F.S., Level 2 background screening consistent with the requirements of Chapter 435, F.S., is required for all direct service providers as defined in Section 430.0402(1)(b), F.S.


(3) IMPLEMENTATION AND RETENTION.
Pursuant to Section 430.0402, F.S., beginning August 1, 2010, the following is required:
(a) All newly-hired direct service providers shall be required to undergo a Level 2 background screening pursuant to Chapter 435 as a condition of employment or volunteerism and continued employment or volunteerism. Such screening shall ensure that a direct service provider has not been arrested awaiting final disposition of, has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under Sections 430.0402, 435.03 or 435.04, F.S., or a similar law of another jurisdiction.


(b) Employers of direct service providers, who have not been previously screened according to the screening standards of Chapter 435, F.S., must ensure that at least twenty percent (20%) of the available population of such individuals are screened pursuant to the Level 2 screening standards of Chapter 435, F.S., within 120 calendar days of August 1, 2010, and an additional twenty percent (20%) every 90 calendar days thereafter, until all direct service providers have successfully satisfied the screening standards of Section 430.0402, F.S., and Chapter 435, F.S., or have applied for and received an exemption pursuant to Section 435.07, F.S. Employers with fewer than 5 direct service providers must ensure that all such direct service providers are screened within the initial 120 calendar day window after August 1, 2010.


(c) Employers of direct service providers are responsible for ensuring applicant fingerprints are retained by FDLE in the Applicant Fingerprint Retention and Notification Program, whereby notification is automatically sent to the Department’s Background Screening Coordinator, according to the procedures specified in Section 943.05, F.S., in the event of a direct service provider’s subsequent arrest.


(d) Employers of direct service providers, who previously qualified for employment or volunteer work under Level 1 screening standards, and individuals required to be screened according to the Level 2 screening standards contained in Chapter 435, F.S., and Section 430.0402, F.S., shall be required to be rescreened every 5 years from the date of their last background screening or exemption, unless such individual’s fingerprints are continuously retained and monitored by FDLE in the Applicant Fingerprint Retention and Notification Program, according to the procedures specified in Section 943.05, F.S.


(4) EXCEPTIONS.
The following are exceptions to the background screening requirements specified in this rule:
(a) Physicians, nurses, or other professionals licensed by DOH are not subject to the background screening requirements of Chapter 435, F.S, if they are providing a service that is within the scope of their licensed practice.
(b) Individuals qualified for employment by AHCA pursuant to that Agency’s background screening standards for licensure or employment contained in Section 408.809, F.S., are not subject to subsequent or additional Level 2 background screening pursuant to Chapter 435, F.S., or the unique screening requirements of Section 430.0402, F.S., by virtue of their employment as a direct service provider, if they are providing a service that is within the scope of their licensed practice.


(c) Individuals qualified for employment by APD pursuant to that Agency’s background screening standards contained in Section 393.0655, F.S., are not subject to subsequent or additional Level 2 background screening pursuant to Chapter 435, F.S., or the unique screening requirements of Section 430.0402, F.S., by virtue of their employment as a direct service provider as defined in Section 393.063(11), F.S.


(d) Back-up providers, who render services to consumers enrolled in the CDC+ program, are considered to be the same as full-time providers, as defined in Section 409.221(c)5., F.S. Consequently, they are not considered to be unemployed for more than 90 days pursuant to Section 409.221(4)(h)2.(i), F.S., if they have not been called to render back-up services for a period exceeding 90 days.


(5) ELECTRONIC SUBMISSION OF FINGERPRINTS.
Beginning August 1, 2010, fingerprints submitted pursuant to Chapter 435, F.S., must be submitted electronically to FDLE, pursuant to paragraph (3)(c) of this rule.


(6) BACKGROUND SCREENERS.
One of the entities listed in the subsections below may be utilized for Level 2 background screening as long as the entity verifies in writing to the employer that all background screeners performing electronic fingerprinting meet the requirements of Section 435.04(1)(c), F.S., and have been subject to, and passed, a Level 1 background screening under the standards set forth in Chapter 435, F.S.


(a) Any screening company listed on the FDLE website as authorized to perform Level 2 LiveScan background screenings. The website address is: http://www.fdle.state.fl.us/Content/getdoc/04833e12-3fc6-4c03-9993-379244e0da50/livescan.aspx.
(b) Any local law enforcement capable of performing Level 2 Livescan background screenings, provided the equipment and electronic fingerprint data submission have been evaluated by FDLE to verify compliance with both FDLE and FBI regulations and standards.


(7) SHARING OF SCREENING RESULTS.
The information that a particular direct service provider has successfully passed a Level 2 background screening may be shared among DOEA programs and providers. In addition, passage of a Level 2 background screening for one program or provider shall constitute passage for all programs and providers. However, the use of a Level 2 background screening by a subsequent program or provider shall not affect the applicable date for rescreening pursuant to paragraph (3)(d) of this rule, if any. No information other than the fact that the applicant passed Level 2 screening may be shared.


Rulemaking Authority 430.08, 435.01(2) FS. Law Implemented 430.0402, 435.01, 435.02, 435.03, 435.04, 435.06, 435.07 FS. History–New_11-1-10, Supersedes 58ER10-1.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE. EFFECTIVE DATE: November 1, 2010

 

In order to get fingerprinted as part of DOEA requirement for Direct Service Providers’ Background Screening  please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we transmit your fingerprints for FBI Level 2 Background Check so DOEA  gets the results of screening in as less as 72 hours. The cost of screening is $62. Visit our official website www.myidentico.com or call us today (954) 239-8590.

 

We have an open door policy at our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021, however if you would like to schedule an appointment at certain time, please visit http://www.myidentico.com/hitappoint/ and we’ll serve you first regardless of any wait line.

 

Sincerely,

IDENTICO LLC.

Categories
AHCA Background Screening APD Background Screening DCF Background Screening Live Scan Fingerprinting in Florida (General)

Level 2 Background Screening and Entities That Get Sealed And Expunged Records

Numerous individuals who we served had the same set of questions asking whether Level 2 Background Screening will reveal applicants’ sealed or expunged criminal history to regulatory or licensing state agencies. Just to make the subject more detailed we decided to post the basic information about sealed and expunged records in Florida, as well as the list of agencies which will actually receive these historical records.

 

FAQ:

 

Why do I have a criminal history record 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, at 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.

 

IDENTICO LLC is FDLE authorized Live Scan vendor serving South Florida.  With any question related to Level 2 background screening please call us at (954) 239-8590 or visit us online at www.myidentico.com for more information. Visit our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021 for all fingerprinting, background screening or drug testing needs.

 

Sincerely,

IDENTICO LLC.

Categories
AHCA Background Screening

AHCA Background Screening and Prohibited Offenses as stated in Florida Administrative Code 59A-35.090 Prev

59A-35.090 Background Screening

 

(1) Definitions:

 

(a) “Arrest Report” means the detailed narrative written by the arresting law enforcement officer explaining the circumstances of the arrest.

(b) “Disposition” means the sentencing or other final settlement of a criminal case which shall include, regardless of adjudication, a plea of nolo contendere or guilty, or a conviction by a judge or jury.

(c) “Disqualifying Offense” means any criminal offense prohibited in Section 435.03, 435.04 or 408.809(5), F.S.

(d) “Exemption from Disqualification” means an exemption granted by the Agency following a review of the Application for Exemption, AHCA Form 3010-0019, October 2009, hereby incorporated by reference, and an informal hearing, if appropriate, during which the individual must present clear and convincing evidence to support a reasonable belief that he or she has been rehabilitated and does not present a danger to the health, safety, and welfare of the patient or individual as described in Section 435.07, F.S.

(e) “FBI” means the Federal Bureau of Investigation.

(f) “FDLE” means the Florida Department of Law Enforcement.

(g) “Level 1 Screening” means an assessment of the criminal history record obtained from the FDLE to determine whether screened individuals have any disqualifying offenses pursuant to Section 435.03 or 408.809(5), F.S. An analysis and review of court dispositions and arrest reports may be required to make a final determination.

(h) “Level 2 Screening” means an assessment of the criminal history record obtained through a fingerprint search through the FDLE and FBI to determine whether screened individuals have any disqualifying offenses pursuant to Section 435.04 or 408.809(5), F.S. An analysis and review of court dispositions and arrest reports may be required to make a final determination.

 

(2) Processing Screening Requests, Required Documents and Fees.

(a) A provider may conduct Level 1 background screening for employees either directly through the FDLE or through the Agency. Requests through the Agency must be submitted using the Agency’s background screening website at: http://www.ahca.myflorida.com/MCHQ/Long_Term_Care/Background_S creening/logon.shtml. A user code and password is required for use of this site. A request for a Level 1 screening through the Agency must be accompanied by the cost required by the FDLE to pay for the cost of processing the request.

(b) Persons required to undergo Level 2 background screening must submit an Applicant Fingerprint Card, incorporated herein by reference, and available from the appropriate Agency licensure unit or by submitting a request to: bgscreen@ahca.myflorida.com. A health care provider licensed pursuant to this chapter may submit a Level 2 request and make payment electronically or by mail. A request for a Level 2 screening through the Agency must be accompanied by the cost required by the FDLE and the FBI to pay for the cost of processing the request.

1. Electronic submissions must be made through the Agency’s background screening web site. The completed fingerprint card must be mailed to the Background Screening Unit at 2727 Mahan Drive, MS 40,Tallahassee, Florida 32308.

2. Mailed requests must be submitted to the Background Screening Unit at 2727 Mahan Drive, MS 40, Tallahassee, Florida 32308.

3. If a fingerprint card is rejected by the FBI due to illegible prints, the individual must submit a second fingerprint card in accordance with the guidelines established by the FBI. The second card must be submitted to the Agency within 21 days of the Agency’s request or the screening request will be considered withdrawn. If withdrawn, the individual must submit a new fingerprint card accompanied by the required fee.

 

(3) Screening of Administrators, Owners, Chief Financial Officers and Controlling Interests.

(a) Persons required to undergo Level 2 background screening in accordance with a licensure application, must submit the completed and signed fingerprint card and screening fee with an application for licensure to the appropriate Agency licensing unit.

(b) As an alternative to a new background screen, persons required to undergo Level 2 background screening in accordance with Section 408.809, F.S., that have been screened within the previous 5 years by the Agency, Department of Health, Department of Children and Family Services, Agency for Persons with Disabilities or Department of Financial Services, or if the applicant has a certificate of authority to operate a continuing care retirement community, may submit to the appropriate Agency licensing unit:

1. A copy of the background screening result, and

2. An Affidavit of Compliance with Background Screening Requirements, AHCA Form 3100-0008, October 2009, herein incorporated by reference, and available from the Agency for Health Care Administration at: http://www.ahca.myflorida.com/Publications/Forms/HQA.shtml.

 

(4) Results of Screening and Notification.

(a) Final results of background screening requests will be provided to the requesting provider through the Agency’s secure web site.

(b) When the dispositional information of a potentially disqualifying offense is unclear or not present in a criminal history from a Level I request, a notice will be sent to the requesting licensee or entity to obtain the arrest report and dispositional information from the individual being screened. The information must then be forwarded to the Agency for a final determination or show such information cannot be obtained. If a Level 2 criminal history is incomplete, a certified letter will be sent to the individual being screened requesting the arrest report and dispositional information. If the letter is returned unclaimed, a copy of the letter will be sent by regular mail. For Level 1 and Level 2, the missing information must be filed with the Agency within 30 days of the Agency’s request, or the individual is subject to automatic disqualification in accordance with Section 435.05(1)(d), F.S.

(c) When the Agency or the provider obtains information indicating an individual has a disqualifying offense pursuant to Chapter 435, F.S., the individual is prohibited from working in a position that requires background screening until such time as the individual has applied for and been determined to be exempt from such disqualification.

(d) An alleged offense is not disqualifying until such time as there has been a disposition.

 

(5) Exemption from Disqualification.

(a) Requests for an exemption from disqualification shall be submitted in writing to the Agency using the “Application for Exemption from Disqualification” AHCA Form 3010-0019, October 2009. This form may be obtained from the Agency for Health Care Administration, Background Screening Unit, 2727 Mahan Drive, MS #40, Tallahassee, Florida 32308 or through the Agency’s website at: http://www.ahca.myflorida.com/MCHQ/Long_Term_Care/Background_Screening/exemption.shtml.

(b) Individuals that are licensed or certified in a profession under the jurisdiction of the Department of Health must apply for an exemption to the appropriate licensing or certifying board at the Department of Health unless the individual will be working in a position other than for which they are licensed or certified.

(c) The individual shall bear the burden of setting forth clear and convincing evidence of rehabilitation which includes any information indicating the individual presents no danger to the safety or well being of others. The individual must present such evidence as arrest reports, court dispositions, parole/probation information, letters from employers, and personal references. Other documents that may be included are records of successful participation in a rehabilitation program, further education or training, community or church involvement, special awards or recognition or testimony by self or others.

(d) An “Application for Exemption” will not be reviewed until all required documents are obtained. If the application is deemed incomplete after 30 days of receipt by the Agency, the application will be withdrawn.

(e) In deciding whether to grant or deny an exemption request, the Agency shall consider factors such as the facts and circumstances surrounding the disqualifying offense(s), the nature of the harm to the victim, whether the individual is on probation or parole, whether restitution has been made, the length of time since the last offense, the history of the person since the disqualifying offense(s), work experience, personal references, performance evaluations, probation or parole violations, education, other evidence of rehabilitation, and the honesty and candor of the disqualified individual.

(f) Any exemption granted by the Agency is limited to the disqualifying offense or offenses committed prior to the date of the request for exemption.

(g) The Agency shall void any exemption granted to an individual when there is evidence that information which would adversely affect the decision was not made available at the time of the determination or there is a disposition of a new disqualifying offense since the date the exemption was granted.

 

(6) Unless otherwise specified, information requested pursuant to this section must be filed with the Agency within 21 days of the Agency’s request.

Rulemaking Authority 408.819 FS. Law Implemented 408.809, 408.810 FS. History–New 7-14-10.