Categories
DBPR Background Screening

Fingerprinting for Home Inspector License in Florida

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. 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.

 

As you see, the Home Inspector Licensing is regulated by Florida Department of Business and Professional Regulation. In order to get fingerprinted as part of your Home Inspector License application please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we transmit your fingerprints for FBI Level 2 Background Check and DBPR will get the results of screening in as less as 72 hours. The cost of screening is $54.25. 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 Department of Health Background Screening Live Scan Fingerprinting in Florida (General) VECHS Program

Federal Statutes Authorizing Criminal Background Checks for Nursing Facility Job Applicants and Employees

There are approximately 15 federal laws that permit criminal background checks for civil (i.e., employment and licensing) purposes. Fingerprinting, either through electronic “live scans” or paper and ink “hard cards,” is required for all federal criminal background checks conducted for employment and licensing purposes.

 

Three of these laws permit nursing facilities to seek criminal background checks on employees and job applicants. Two of the three laws, as amended, authorize nursing facilities to seek FBI criminal background information regardless of whether the state where the facility is located has enacted its own law to permit access to state criminal background records. The third law authorizes nursing facilities to seek federal criminal background checks if the state where the facility is located has enacted a law to authorize access to state criminal background information.

 

Current procedures under all three federal laws require nursing facilities to channel requests for FBI criminal background information through a designated state agency.

 

Summaries of each law’s major provisions, advantages and limitations follow.

 

I. Public Law 105-277
Section 124 of Pub. L. 105-277, enacted in 1998, enables nursing facilities (“NFs”) and home health care agencies (“HHAs”) to request fingerprint-based national criminal history checks by the FBI for employees or job applicants for positions involving direct patient care. The NF or HHA seeking the background check must contact the designated state agency to obtain fingerprint cards and then must send the completed cards along with additional information from the applicant back to the state agency for processing. The state agency then will check its own criminal history record information (CHRI) and will forward the fingerprint cards to the FBI for a check of the FBI records. If any CHRI is found by the state, FBI, or both, the designated state agency will forward it to the NF or HHA for its use in making an employment determination for the applicant.

 

Pub. L. 105-277 does not require states to enact implementing legislation before NFs and HHAs can request federal criminal background checks of employees or job applicants. This is intended to give all NFs and HHAs nationwide the ability to seek access to the CHRI retained by the FBI. The statute does not specify that a law enforcement agency must take the individual’s fingerprints, therefore it may be permissible for a private company to perform the actual fingerprinting.

 

II. National Child Protection Act of 1993
The National Child Protection Act of 1993, 42 U.S.C. § 5119a, was amended by the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322 § 320928, to allow for federal criminal background checks of individuals who work for, own, or operate a business that provides care to the elderly or individuals with disabilities, as well as those who are responsible for the safety and well-being of children. This statute was amended again in 1998 by the Volunteers for Children Act, Pub. L. 105-251 § 222, to allow for federal criminal background checks even when the state does not have an authorizing statute or regulations.

 

Under this law, “qualified entities” (as designated by the state) may request federal criminal background checks of a “provider” pursuant to specified guidelines. If a state has a statute or regulations that require qualified entities to request such federal background checks, the state procedures must be followed in addition to the federal guidelines. A “qualified entity” is defined as a business or organization, whether public, private, for-profit, not-for-profit, or voluntary that provides (or licenses or certifies others to provide) care or care placement services to children, the elderly, or individuals with disabilities. A “provider” is defined as any person who: is an employee, an applicant for employment, or a volunteer for a qualified entity; is an owner or operator of a qualified entity; or has or may have unsupervised access to a child to whom the qualified entity provides child care. Thus, under this statute, federal criminal background checks may be obtained for owners, operators, employees, volunteers, and job applicants of entities that provide health care services to children, the elderly or disabled. It should be noted that as long as the entity is “qualified,” all of its employees and volunteers are amenable to backgrounding.

Therefore, the scope of employees and/or job applicants for whom criminal background checks can be sought is broader than under Pub. L. 105-277. Under both statutes, the health care employer submits the applicant’s fingerprints and identification information to the designated state agency for processing. However, the NCPA, as amended, requires that the state agency make the determination of the applicant’s fitness for the job, not the employer. Both statutes allow for federal criminal background checks in the absence of state implementing legislation.

 

III. Public Law 92-544
Passed by Congress in 1972, Pub. L. 92-544 is an appropriations statute that provides funding to the FBI for acquiring, collecting, classifying, preserving, and exchanging identification records with duly authorized officials of the federal government, the states,cities, and other institutions. Under this federal law, health care employers have the ability to obtain federal criminal background checks of employees and job applicants, under certain conditions. First, there must be a state law authorizing health care employers to request such background checks from state and local government officials. Second, the authorizing state statute must be approved by the Attorney General of the United States.

 

Regulations implementing this law give the Director of the FBI the power and authority of the Attorney General to approve and conduct exchanges of identification records with officials of state and local governments for employment and licensing purposes if authorized by a state statute that has met the approval of the Attorney General. See 28 C.F.R. § 0.85(j). Pub. L. 92-544 and its implementing regulation do not provide guidelines for obtaining federal criminal background checks. Presumably, such guidelines or procedures would be established under the enabling (or other) state statute.

 

The FBI, consistent with several legal opinions from the U.S. Department of Justice, has established the mandatory elements of a state statute enacted under the auspices of Pub. L. 92-544. The state statute must:

 

(1) Exist as a result of a legislative enactment;
(2) Require that the criminal background check be fingerprint-based;
(3) Authorize the submission of fingerprints to the State Identification Bureau for forwarding to the FBI for a national criminal history check;
(4) Identify the categories of licensees amenable to backgrounding; and
(5) Provide that an authorized government agency be the recipient of the results of the record check.

 

Pub. L. 92-544 does not allow federal criminal records to be shared directly with health care employers. Like the NCPA, as amended, Pub. L. 92-544 requires that the state agency make the determination of the applicant’s fitness for the job, not the employer.

 

Public Law 105-277

 

The steps for conducting a background check include:
(1) The NF or HHA contacts the state Control Terminal Officer (“CTO”) and/or State Identification Bureau (“SIB”) to request fingerprint cards (which bear a state-of-origin number for tracking purposes);
(2) The NF or HHA gives the fingerprint cards to the applicant;
(3) The applicant goes to the local police department or sheriff’s office to get fingerprinted, which involves:
(a) Providing his/her name, address, and date of birth as they appear on a government document (e.g., a driver’s license);
(b) Certifying that he/she has not been convicted of a crime and is not under indictment for a crime, or describing the crime and facts involved; and
(c) Having his/her fingerprints “rolled” onto the fingerprint cards;
(4) The applicant returns the fingerprint cards and supporting information to the NF or HHA;
(5) The NF or HHA sends the fingerprint cards, supporting information, and FBI fee (currently $24) to the state agency (e.g., CFO, SIB) or other agency designated by the Attorney General no more than 7 business days after the fingerprints were taken;
(6) The FBI conducts a check of its criminal history records (which include records of serious state offenses) and provides the results of the search to the submitting state agency;
(7) The state agency receives the federal results from the FBI and forwards them with the state results to the NF or HHA; and
(8) The NF or HHA makes the determination whether the applicant has a criminal record which would adversely affect the employment decision. In other words, the facility does not get a yes/no answer on whether to hire the individual. The statute provides immunity to the NF or HHA for making this determination based on incomplete or inaccurate information.
*Note: the local law enforcement agency and state agency may charge separate fees. Although the statute is silent as to additional fees, the FBI has concluded that such fingerprinting and processing fees are not limited by federal law.

 

National Child Protection Act of 1993

 

The steps for conducting a background check include:
(1) The NF or HHA must seek and obtain from the appropriate state agency “qualified entity” status under 42 U.S.C. § 5119(a)(1).
(2) The qualified entity obtains from the provider (i.e., employee or applicant):
(1) Fingerprints (presumably taken at a local law enforcement agency or by a private company);
(a) A signed statement to the qualified entity that:
(1) Contains the name, address, and date of birth of the provider as it appears on a valid I.D.;
(i) The provider has not been convicted and is not under pending indictment for a crime, or a description of the crime and conviction must be given;
(ii) Notifies the provider that the qualified entity may request a background check;
(iii) Notifies the provider of the provider’s rights to: obtain a copy of any background check report, challenge the accuracy and completeness of any information contained in any report, and obtain a prompt decision on that challenge before a final determination is made by the state agency; and
(iv) Notifies the provider that before the background check is complete, the qualified entity may restrict the provider’s access to a person to whom the qualified entity provides care;
(3) The qualified entity submits the background check request, provider’s finger-prints and supporting documentation to the state agency designated to report, receive, or disseminate background check information (an “authorized agency”);
(4) The authorized agency will review state records and also transmit the fingerprints to the FBI for a national check (which will be returned to the state). The state will make a reasonable effort to provide a consolidated response to the request within 15 days;
(5) The authorized agency makes a determination whether the provider has been convicted of, or is under indictment for, a crime that bears upon the provider’s fitness to be responsible for the safety and well-being of children, the elderly, or individuals with disabilities, and conveys that determination to the qualified entity. The qualified entity then notifies the provider of the determination.

 

 

We have elected to post this information for your consideration, just to outline that Florida House Bill 7069 effective August 1,2010 regarding Level 2 background screening standards for AHCA, DCF, APD, DOH and DOEA was just a one step above made by Florida legislators to match Public Law 92-544. The primary reason is to increase the quality and security level of services provided to our elderly, minor, disabled and vulnerable population.

 

If the Nursing or Health Care facility where you work or manage is located in Miami, Broward, Palm Beach or Martin counties, please call IDENTICO LLC today, for in office or mobile live scan fingerprinting appointment. IDENTICO is FDLE approved Live Scan vendor, and we use electronic fingerprinting solutions in transmitting your fingerprints for FBI Level 2 Background Check and regulatory state agency will get the results of screening in as less as 72 hours.

 

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

Fingerprinting and Level 2 Background Check for Nursing Homes in Florida

The Level 2 Background Screening for Nursing Homes is required by AHCA and based on F.S. 400.215. Statute says

 

(1) 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.

 

(2) The agency shall, as allowable, reimburse nursing facilities for the cost of conducting background screening as required by this section. This reimbursement is not subject to any rate ceilings or payment targets in the Medicaid Reimbursement plan.

 

The Legislature recognizes that there is a need to require the fingerprint based background check for the staff and administration of Nursing Homes in Florida. Therefore, the Legislature deems it necessary in the interest of the public health to screen the staff of Nursing Homes in this state.

 

If the Nursing Home where you work or manage is located in Miami, Broward, Palm Beach or Martin counties, please call IDENTICO today, for in office or mobile unit appointment. IDENTICO is FDLE approved Live Scan vendor, and we use electronic fingerprinting solutions in transmitting your fingerprints for FBI Level 2 Background Check and AHCA will get the results of screening in as less as 72 hours. The cost of screening is $80.00. 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

Fingerprinting and Level 2 Background Check for Home Health Agencies in Florida

The Level 2 Background Check for Home Health Agencies is required by AHCA and based on F.S. 400.512. 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 an 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 the 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 the public health to screen the staff of Home Health Agencies in this state.

 

If the Home Health Agency where you work or manage is located in Miami, Broward, Palm Beach or Martin counties, please call IDENTICO today, for in office or mobile unit appointment. IDENTICO is FDLE approved Live Scan vendor, and we use electronic fingerprinting solutions in transmitting your fingerprints for FBI Level 2 Background Check and AHCA will get the results of screening in as less as 72 hours. The cost of screening is $80.00. 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
APD Background Screening DCF Background Screening VECHS Program

DCF Level 2 Background Screening and Fingerprinting for Summer Camps in Florida

Here are some important facts on background screening for Summer Camps in FAQ format:

 

What constitutes a summer camp?

 

Summer day camps” and “Summer 24-hour camps” are defined in Section 409.175 F.S. “Summer day camps” are recreational, educational, and other enrichment programs operated during summer vacations for children who are 5 years of age on or before September 1 and older. “Summer 24-hour camps” are recreational, educational, and other enrichment programs operated on a 24-hour basis during summer vacations for children who are 5 years of age on or before September 1 and older, that are not exclusively educational.

 

Requirements for athletic coaches are found in Section 943.0438 F.S. Background screening for paid or volunteer athletic coaches are not screened through the Department of Children and Families, they are screened using the Volunteer and Employee Criminal History System (VECHS) through the Florida Department of Law Enforcement (FDLE). Enforcement of requirements for athletic coaches would be the independent sanctioning authority.

 

Who has to be screened?

Personnel for the purposes of screening for summer day camps and summer 24-hour camps includes owners, operators, employees, and volunteers working in summer day camps and summer 24-hour camps providing care for children. Volunteers who assist on an intermittent basis for less than 10 hours per month do not need to be screened if a person who meets the screening requirement is always present and has the volunteer in his or her line of sight.

 

When do employees or volunteers have to be screened?

An employer may not hire, select, or otherwise allow an employee to have contact with any vulnerable person that would place the employee in a role that requires the background screening.

 

How are international counselors background screened?

They must complete a Level 2 Background Screening upon arriving in Florida. Although not required by law, a background check from their home country should be requested. Most organizations that assist with identifying international counselors do provide a background check.

 

Are employees or volunteers under the age of 18 required to be fingerprinted?

Yes. There are no exclusions under the statute for those under age 18 from being fingerprinted. However, if the employee or volunteer under 18 is not providing direct care for children, they would not have to be fingerprinted.

 

What are the differences between Level 1 and Level 2 Background Screening for employment and where are the lists of offenses that will preclude potential employees from working? What are local law enforcement checks? What are the cost differences? Do we need to do a local sheriff’s check?

The requirements for Level 1 and Level 2 Employment Background Screening are found in Chapter 435 Florida Statutes. Level 1 Background Screening requires an employment history check, statewide criminal correspondence checks through FDLE (name-based check), and a check of the Dru Sjodin National Sex Offender Public Website and may include local law enforcement checks.

 

Level 2 Background Screening requires fingerprinting for statewide criminal history checks through FDLE and national criminal history checks through the Federal Bureau of Investigation (FBI), and may include local law enforcement checks.

The list of disqualifications from employment is found in Section 435.04 F.S.

 

They include:

 

  • Anyone arrested for and awaiting final disposition of prohibited offense, regardless of adjudication
  • Anyone who has entered a plea of nolo contendere or guilty to a prohibited offense
  • Any case where the applicant was adjudicated delinquent and the record of committing a prohibited offense has not been sealed or expunged

 

Local law enforcement checks are completed by local sheriff and police departments. They are recommended because occasionally there may be information related to arrests or calls to the applicant’s address that are not included in the FDLE record.

 

The costs can vary and depend upon the Live Scan vendor selected. Most costs are listed on our website under the section Live Scan Location and Interactive Map.

 

Are volunteer athletic coach screened under this law?

No. Background screening for volunteer athletic coaches is authorized under s. 943.0438 F.S. through the Volunteer and Employee Criminal History System.

 

What are the differences between this law and the Jessica Lunsford Act?

The Jessica Lunsford Act found in Section 1012.465 F.S. requires non-instructional school district employees or contract personnel who are permitted access on school grounds when students are presents meet Level 2 Background Screening requirements as described in s. 1012.32 F.S.

 

Is there any limit on how far in advance you can screen?

No earlier than 60 days before beginning employment.

 

How often do they have to be screened?

Section 409.1757 F.S. outlines when persons are not required to be refingerprinted or rescreened. If an employee or applicant has been fingerprinted or screened as required in chapter 393, 394, 397, 402, and 409, or teachers pursuant to chapter 1012, who have not been unemployed for more than 90 days and attest to the completion of the fingerprinting and compliance with the standards related to good moral character.

 

What are ORI and OCA numbers? What is the process to get an agency ORI Code and OCA Code and how long does that take?

The ORI number (Originating Agency Identifier). This number is provided by FDLE and identifies the agency requesting the criminal history check and for what purpose.

The OCA (Controlling Agency Identifier). This number is provided by DCF and identifies the provider requesting the background check.

Without the ORI number and the OCA number, FDLE cannot process the request and the DCF will not know where the screening results are to be sent.

The DCF will need the following:

 

Facility/Camp:

Name
Physical Address
Mailing Address
Valid E-mail
Contact Person (Owner/Operator)
Contact Person Phone Number

 

This information can be sent to the following email address: bgs1116@dcf.state.fl.us

Upon registration, you will be provided a DCF Agency Identifier (ORI) and a DCF Live Scan OCA through email.

 

What if we have already done the VECHS check – is this sufficient?

No. DCF is responsible for ensuring persons working in summer camps meet the requirements for background screening. VECHS checks are not allowed to be shared with the Department.

 

What if we have already done fingerprint checks, but not through the Live Scan process – do those have to be redone? Can fingerprints be done using hard cards?

 

If they meet the Level 2 requirements, were completed within the last 5 years, and there has not been a 90 day break in service, they would not need to be redone.

Fingerprints submitted using hard cards are permissible until 2012. However, it will delay receiving the results for 4-6 weeks or longer.

 

Where do the records need to be kept? Is it the same for the Affidavit of Good Moral Character?

The results from the background screening and the Affidavit of Good Moral Conduct should be maintained in your personnel files.

 

Who will be enforcing this? Can we expect to be monitored or inspected, or will this happen when a complaint is lodged against a program?

 

DCF has the authority to ensure compliance. Currently, summer camps are only monitored when a complaint has been made related to noncompliance with background screening. However, we are reviewing the requirements and more information related to enforcement will be released in the near future.

 

Why isn’t there a state database where I can verify if someone has already been checked?

Currently, there are limitations on sharing information between agencies. Agencies work together and when possible, the DCF will accept Level 2 Letters of Clearance completed by other entities such as school boards, or the Agency for Health Care Administration.

 

Is all necessary information collected with the fingerprint, or are there other forms that have to be completed and retained by us, or returned to DCF?

For completion of the Level 2 Background Screening, the information provided to the Live Scan Vendor is sufficient. Additional information from the applicant may be required if a criminal history is noted.

 

When does a summer camp have to be licensed by DCF?

Summer camps are not licensed by DCF.

 

Does the State require any additional training of employees hired by local agencies for summer programs?

No.

What are the counties that are doing their own licensing, when are they allowed to do their own licensing, and can they require a program that is exempt in State statute to be licensed under their county authority? Where can we find contact information on those county licensing boards/units?

 

The State does not require licensure of summer camps. There may be local ordinances that do require licensure. This information would be found locally.

Is there a website for more answers on DCF background screening requirements?

 

Yes. The Department website for background screening is: http://www.dcfbackgroundscreening.com. As information or updates are available, they will be added to our website.

 

Categories
AHCA Background Screening

Fingerprinting and Level 2 Background Check for Home Health Agencies in Florida

The Level 2 Background Check for Home Health Agencies is required by AHCA and based on F.S. 400.512. 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 an 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 the 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 the public health to screen the staff of Home Health Agencies in this state.

 

If the Home Health Agency where you work or manage is located in Miami, Broward, Palm Beach or Martin counties, please call IDENTICO today, for in office or mobile unit appointment. IDENTICO is FDLE approved Live Scan vendor, and we use electronic fingerprinting solutions in transmitting your fingerprints for FBI Level 2 Background Check and AHCA will get the results of screening in as less as 72 hours. The cost of screening is $80.00. 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

DCF Level 2 Background Screening and Fingerprinting for Summer Camps in Florida

Here are some important facts on background screening for Summer Camps in FAQ format:

 

What constitutes a summer camp?

 

Summer day camps” and “Summer 24-hour camps” are defined in Section 409.175 F.S. “Summer day camps” are recreational, educational, and other enrichment programs operated during summer vacations for children who are 5 years of age on or before September 1 and older. “Summer 24-hour camps” are recreational, educational, and other enrichment programs operated on a 24-hour basis during summer vacations for children who are 5 years of age on or before September 1 and older, that are not exclusively educational.

 

Requirements for athletic coaches are found in Section 943.0438 F.S. Background screening for paid or volunteer athletic coaches are not screened through the Department of Children and Families, they are screened using the Volunteer and Employee Criminal History System (VECHS) through the Florida Department of Law Enforcement (FDLE). Enforcement of requirements for athletic coaches would be the independent sanctioning authority.

 

Who has to be screened?

 

Personnel for the purposes of screening for summer day camps and summer 24-hour camps includes owners, operators, employees, and volunteers working in summer day camps and summer 24-hour camps providing care for children. Volunteers who assist on an intermittent basis for less than 10 hours per month do not need to be screened if a person who meets the screening requirement is always present and has the volunteer in his or her line of sight.

 

When do employees or volunteers have to be screened?

 

An employer may not hire, select, or otherwise allow an employee to have contact with any vulnerable person that would place the employee in a role that requires the background screening.

 

How are international counselors background screened?

 

They must complete a Level 2 Background Screening upon arriving in Florida. Although not required by law, a background check from their home country should be requested. Most organizations that assist with identifying international counselors do provide a background check.

 

Are employees or volunteers under the age of 18 required to be fingerprinted?

 

Yes. There are no exclusions under the statute for those under age 18 from being fingerprinted. However, if the employee or volunteer under 18 is not providing direct care for children, they would not have to be fingerprinted.

 

What are the differences between Level 1 and Level 2 Background Screening for employment and where are the lists of offenses that will preclude potential employees from working? What are local law enforcement checks? What are the cost differences? Do we need to do a local sheriff’s check?

 

The requirements for Level 1 and Level 2 Employment Background Screening are found in Chapter 435 Florida Statutes. Level 1 Background Screening requires an employment history check, statewide criminal correspondence checks through FDLE (name-based check), and a check of the Dru Sjodin National Sex Offender Public Website and may include local law enforcement checks.

 

Level 2 Background Screening requires fingerprinting for statewide criminal history checks through FDLE and national criminal history checks through the Federal Bureau of Investigation (FBI), and may include local law enforcement checks.

 

The list of disqualifications from employment is found in Section 435.04 F.S.

 

They include:

 

  • Anyone arrested for and awaiting final disposition of prohibited offense, regardless of adjudication
  • Anyone who has entered a plea of nolo contendere or guilty to a prohibited offense
  • Any case where the applicant was adjudicated delinquent and the record of committing a prohibited offense has not been sealed or expunged

 

Local law enforcement checks are completed by local sheriff and police departments. They are recommended because occasionally there may be information related to arrests or calls to the applicant’s address that are not included in the FDLE record.

 

The costs can vary and depend upon the Live Scan vendor selected. Most costs are listed on our website under the section Live Scan Location and Interactive Map.

 

Are volunteer athletic coach screened under this law?

 

No. Background screening for volunteer athletic coaches is authorized under s. 943.0438 F.S. through the Volunteer and Employee Criminal History System.

 

What are the differences between this law and the Jessica Lunsford Act?

 

The Jessica Lunsford Act found in Section 1012.465 F.S. requires non-instructional school district employees or contract personnel who are permitted access on school grounds when students are presents meet Level 2 Background Screening requirements as described in s. 1012.32 F.S.

 

Is there any limit on how far in advance you can screen?

No earlier than 60 days before beginning employment.

How often do they have to be screened?

 

Section 409.1757 F.S. outlines when persons are not required to be refingerprinted or rescreened. If an employee or applicant has been fingerprinted or screened as required in chapter 393, 394, 397, 402, and 409, or teachers pursuant to chapter 1012, who have not been unemployed for more than 90 days and attest to the completion of the fingerprinting and compliance with the standards related to good moral character.

 

What are ORI and OCA numbers? What is the process to get an agency ORI Code and OCA Code and how long does that take?

 

The ORI number (Originating Agency Identifier). This number is provided by FDLE and identifies the agency requesting the criminal history check and for what purpose.

 

The OCA (Controlling Agency Identifier). This number is provided by DCF and identifies the provider requesting the background check.

 

Without the ORI number and the OCA number, FDLE cannot process the request and the DCF will not know where the screening results are to be sent.

 

The DCF will need the following:

 

Facility/Camp:

Name
Physical Address
Mailing Address
Valid E-mail
Contact Person (Owner/Operator)
Contact Person Phone Number

 

This information can be sent to the following email address: bgs1116@dcf.state.fl.us

Upon registration, you will be provided a DCF Agency Identifier (ORI) and a DCF Live Scan OCA through email.

 

What if we have already done the VECHS check – is this sufficient?

 

No. DCF is responsible for ensuring persons working in summer camps meet the requirements for background screening. VECHS checks are not allowed to be shared with the Department.

 

What if we have already done fingerprint checks, but not through the Live Scan process – do those have to be redone? Can fingerprints be done using hard cards?

 

If they meet the Level 2 requirements, were completed within the last 5 years, and there has not been a 90 day break in service, they would not need to be redone.

 

Fingerprints submitted using hard cards are permissible until 2012. However, it will delay receiving the results for 4-6 weeks or longer.

 

Where do the records need to be kept? Is it the same for the Affidavit of Good Moral Character?

 

The results from the background screening and the Affidavit of Good Moral Conduct should be maintained in your personnel files.

 

Who will be enforcing this? Can we expect to be monitored or inspected, or will this happen when a complaint is lodged against a program?

 

DCF has the authority to ensure compliance. Currently, summer camps are only monitored when a complaint has been made related to noncompliance with background screening. However, we are reviewing the requirements and more information related to enforcement will be released in the near future.

 

Why isn’t there a state database where I can verify if someone has already been checked?

 

Currently, there are limitations on sharing information between agencies. Agencies work together and when possible, the DCF will accept Level 2 Letters of Clearance completed by other entities such as school boards, or the Agency for Health Care Administration.

 

Is all necessary information collected with the fingerprint, or are there other forms that have to be completed and retained by us, or returned to DCF?

 

For completion of the Level 2 Background Screening, the information provided to the Live Scan Vendor is sufficient. Additional information from the applicant may be required if a criminal history is noted.

 

When does a summer camp have to be licensed by DCF?

 

Summer camps are not licensed by DCF.

 

Does the State require any additional training of employees hired by local agencies for summer programs?

 

No.

 

What are the counties that are doing their own licensing, when are they allowed to do their own licensing, and can they require a program that is exempt in State statute to be licensed under their county authority? Where can we find contact information on those county licensing boards/units?

 

The State does not require licensure of summer camps. There may be local ordinances that do require licensure. This information would be found locally.

 

Is there a website for more answers on DCF background screening requirements?

 

Yes. The Department website for background screening is: http://www.dcfbackgroundscreening.com. As information or updates are available, they will be added to our website.

 

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The effect of Criminal History at Florida Loan Originator, Mortgage Broker, and Mortgage Lender Licensure

General provision are provided in Florida Florida Administrative Rule 69V-40 (Read Below) . In order to get fingerprinted as part of your Florida Mortgage Broker or Florida Mortgage Lender License application please contact IDENTICO LLC today. We are FDLE approved Live Scan vendor, and we electronically transmit your fingerprints for FBI Level 2 Background Check so the Florida Office of Financial Regulation gets the results of screening in as less as 72 hours. The cost of screening is $54.25. Visit our official website www.myidentico.com or call us today (954) 239-8590 for more information.

 

69V-40.00112 Effect of Law Enforcement Records on Applications for Loan Originator, Mortgage Broker, and Mortgage Lender Licensure.

 

(1) General Procedure Regarding Law Enforcement Records. For the purposes of this rule each loan originator applicant and each control person of a mortgage broker and mortgage lender license applicant shall be referred to collectively as “relevant persons.” If the mortgage broker or mortgage lender license applicant is a natural person, he or she is a relevant person under this rule. As part of the application review process, the Office is required to consider a relevant person’s law enforcement record when deciding whether to approve an application for licensure as a loan originator, mortgage broker, or mortgage lender. When conducting this review, the Office reviews the relevant person’s Form MU1, MU2 or MU4 responses and criminal history information derived from the fingerprint check. In the event of a question regarding the relevant person’s criminal history, the Office will request additional information from the relevant person to determine the status of a criminal event, the specific facts and circumstances surrounding a criminal event, or to address other issues determined to be relevant to the review of the law enforcement record. The Office will notify the applicant of any specific documents that it requires in order to complete its review. The requested documents must be legible. Documentation that is typically requested includes:

 

(a) A copy of the police arrest affidavit, arrest report or similar document.

(b) A certified copy of the charges.

(c) A certified copy of the plea, judgment, and sentence where applicable.

(d) A certified copy of an order of entry into pre-trial intervention, and the order of termination of pre-trial intervention showing dismissal of charges where applicable.

(e) A certified copy of an order of termination of probation or supervised release, if applicable. If the requested documentation cannot be obtained, the relevant person shall submit evidence of that fact in order for the application to be deemed complete. Evidence that documentation cannot be obtained shall consist of a written statement on the letterhead of the agency that would be the custodian of the documents, signed by a representative of that agency, stating that they have no record of such matter, or that the record is lost or was damaged or destroyed, or otherwise stating why the document cannot be produced.

(2) Classification of Crimes.

(a) The Office makes a general classification of crimes into four classes: A, B, C and D as listed in subsections (13), (14), (15) and (16) of this rule.

(b) These classifications reflect the Office’s evaluation of various crimes in terms of moral turpitude and the seriousness of the crime as such factors relate to the prospective threat to public welfare typically posed by a person who would commit such a crime.

(c) The names and descriptions of crimes, as set out in the classification of crimes, are intended to serve only as generic names or descriptions of crimes and shall not be read as legal titles of crimes, or as limiting the included crimes bearing the exact name or description stated.

(d) For purposes of this rule, “trigger date” means the date on which an applicant was found guilty, or pled guilty, or pled nolo contendere to a crime.

(e) A charge in the nature of attempt or intent to commit a crime, or conspiracy to commit a crime, is classified the same as the crime itself.

(3) Effect on Licensure of Commitment of Single Crime. The Office finds it necessary to implement the following standards for applications with a relevant person whose law enforcement record includes a single crime, subject to the mitigating factors set forth in this rule before licensure. All periods referenced in this rule run from the trigger date.

(a) Class A Crime. The applicant is not eligible for licensure.

(b) Class B Crime. The applicant will not be granted a license until 15 years have passed since the trigger date.

(c) Class C Crime. The applicant will not be granted a license until 7 years have passed since the trigger date.

(d) Class D Crime. The applicant will not be granted a license until 5 years have passed since the trigger date.