Categories
VECHS Program

FDLE VECHS program for private schools. Background screening on teachers and school volunteers

If your organization is a private school in need for criminal history search on staff and volunteers, or maybe background checks are required for your school in order to participate in scholarship programs, then VECHS program run by Florida Department of Law Enforcement (FDLE) is exactly what you need.

 

VECHS (Volunteer and Employee Criminal History System) program had been established by FDLE to assist with checking the background of persons who work or volunteer with children, the elderly, or the disabled under the National Child Protection Act (1993), as amended, and section 943.0542, Florida Statutes (1999). VECHS program is created for entities not required to obtain Level 2 background screening clearance according to statutory provision.

 

First of all contact The Florida Department of Education (DOE) Office of Independent Education and Parental Choice and verify who exactly in your organization is required to be fingerprinted. Next step is the enrollment into VECHS program and this is how you do it. Private schools are authorized to participate in FDLE’s Volunteer and Employee Criminal History System (VECHS) because of the service they offer to Children. VECHS is a voluntary program — however; under the provisions of Section 1002.421, F.S., private schools participating in scholarship programs must conduct criminal history record checks on employees and contracted personnel. Those criminal history checks will be conducted through the FDLE VECHS program.

 

Enrollment materials include the VECHS Application and User Agreement. Both of these documents must be submitted to FDLE via mail as they must be signed by the appropriate school authority. The forms may be printed from the internet, completed, signed and mailed to FDLE.FDLE will mail these forms to private schools upon request.

 

Here is the description of what is involved in screening process after your entity is signed up. You will be provided with a packet of information from the VECHS program. It will include:

A cover letter giving your account numbers to use. These are your Qualified Entity Numbers. One is for employees and contracted personnel and the other is for volunteers. While s. 1002.421, F.S. indicates that, in order to receive scholarship money, employees and contracted personnel must submit fingerprints, some schools may want to check volunteers as well. Using the volunteer entity number for checking volunteers will result in a reduced fee.

 

Forms and information for submitting fingerprints electronically. These forms are required regardless of whether your private school purchases a livescan device or if the employees and contracted personnel go to a “service provider” or another livescan device owner and have the fingerprints taken and submitted by this company.

 

Fingerprint cards and instructions on how to complete them. As of July 1, 2007, submissions for employees and contracted personnel must be made electronically. You have the choice of continuing to submit your volunteers via hard card fingerprint card or you can submit them electronically.

 

A Private Schools Waiver Agreement and Statement to be signed by each employee, contracted person or volunteer that you submit.

Contacts for criminal record repositories in other states which are useful in obtaining additional criminal history information.

Florida Clerks of Court and their contact information. This contact information may be needed when there is an arrest in Florida but the criminal record does not indicate whether the offender was convicted.

Instructions as to how a person can obtain his or her own criminal record for review and possible correction, which may be given to an employee, contracted person or volunteer.

 

A sample dissemination log which must be used if a private school shares criminal history information with another private school. Private schools may NOT share criminal history information with any VECHS entities except other private schools registered with VECHS. Private schools are the only VECHS entities authorized to receive sealed information and expunge notifications.

 

Similarly, private schools may not use criminal history results obtained for employees or contracted personnel for volunteers or vice versa. If a volunteer becomes an employee, that person’s fingerprints should be submitted again under the Employee Qualified Entity Number; the volunteer results should NOT be used to screen the candidate as an employee. Likewise, employee results should not be used to screen a person for a volunteer position. The rules for criminal history information sharing are included in the User Agreement, signed by all private schools participating in the VECHS program.

 

∗ Reminders of important provisions regarding the VECHS program.

∗ Fingerprint card submission checklist.

∗ Results definitions.

∗Instructions for procedures for “name‐based” searches from the FBI to be used when the subject’s fingerprints are rejected twice based on poor fingerprint quality.

 

Another question, what does the law mean when it says that fingerprints must be submitted electronically?

As of July 1, 2007, s. 1002.421, F.S. requires all fingerprint submissions for employees and contracted personnel be made electronically. Fingerprints submitted “electronically” are fingerprints taken on a “livescan” device and submitted electronically to FDLE. It can also include fingerprints taken with ink on a hard copy fingerprint card that are subsequently scanned and submitted electronically to FDLE. These electronic submissions are processed through FDLE’s Civil Workflow Control System.

 

Go ahead and ask, what is the Civil Workflow Control System (CWCS)?

The Civil Workflow Control System (CWCS), pronounced “QUICKS”, is an automated system used to receive process and respond to electronic applicant submissions. Processing that once took several weeks with fingerprint cards now takes 24 – 72 hours with electronic submissions. CWCS allows different types of applicants to be scanned on a single device and allows input from a variety of livescan devices that adhere to FDLE and FBI standards and requirements.

 

Very natural question you may have, so what do I need to do to start submitting electronically?

 

∗ First, you must already be a registered VECHS entity.

∗ Second, you must complete the CWCS VECHS Customer Registration Form and return it to FDLE. Once the information is registered in our systems, you will receive an e‐mail notification that you can start submitting electronically.

∗ Third, you must make arrangement to be fingerprinted on a livescan device

 

You may ask where can I get fingerprinted on a livescan device and submit electronically.

 

Private schools have the following options in submitting fingerprints electronically:

∗ Purchase own livescan device. While the cost may be prohibitive it can be cost effective depending on the number of submissions necessary for your school.

∗ Use “service providers” like IDENTICO LLC to submit fingerprints electronically on your behalf.

∗ Inquire to other livescan device owners, such as local school boards, if they are willing to assist with your electronic submissions.

 

We know the biggest question you have, what are the costs associated with criminal history record checks for private school employees and contracted personnel?

The fee may vary from vendor to vendor, but certainly consider IDENTICO LLC as the most competitive livescan vendor with aggressive pricing. Our standard individual VECHS Employee screening rate is $54.25 and  VECHS Volunteer screening rate is only $47.25. There are some discounts available for larger groups, and it worth to consider since there is no traveling fee for groups of 10 or more employees at single location. We’ll come to you and fingerprint all teachers and volunteers with convenience and efficiency you haven’t seen before.

 

So you paid for the screening and fingerprinting, and you want to know how would you receive and view the criminal history results after submitting electronically?

Criminal history results for electronic submissions are posted to FDLE’s secure mail application called “CertifiedMail”. Once the criminal history results are ready, the private school will receive an e‐mail notification, containing the link to the application. The viewing of criminal history results will occur within this secure application.

 

There are several more frequently asked questions on fingerprinting for private schools in Florida; therefore our further questions will be in FAQ format.

 

What is meant by “retention of applicant fingerprints for reverse searches” and “arrest hit notifications”?

Section 1002.421, F.S. instructs FDLE to retain fingerprints submitted by the private school on or after July 1, 2007. Incoming Florida arrest fingerprints are searched against these retained private school fingerprints. If a fingerprint match is made on an individual, FDLE notifies the private school that the employee or contracted person was arrested, and provides the name of the county where the arrest occurred as well as contact information for the arresting agency. It is important to note fingerprints submitted prior to July 1, 2007, were not retained

 

What are the fees associated with the retention of prints?

The fee for the retention of applicant fingerprints is $6 per year per applicant. The retention of the fingerprints eliminates the necessity to have a future state criminal history record recheck at a cost of $24, since all incoming Florida arrest information is continuously compared to the retained applicant database. If a recheck is required, it would only need to be for a national criminal history record check.

 

To whom may my private school release criminal history information?

With the permission of the applicant, the criminal history information may be shared with other private schools registered with VECHS. Each VECHS private school agrees to only release criminal history information after confirming with FDLE the private school to which they are releasing the information is a current, registered VECHS entity. Such dissemination of criminal history information must be logged by noting what record was released, to whom it was released, and on what date it was released. Also, private schools are required to release the criminal history information to the Department of Education personnel consistent with the applicant’s approval on the waiver form.

 

Are owners under the same requirements as private school employees and contracted personnel?

The provisions in s.1002.42(2)(c)1, F.S., were not changed. Private school owners must have fingerprints taken and sent to FDLE for a state‐level criminal history record check upon taking ownership. FDLE will return the state criminal record or an indication that there is not a state record to the school so that it can be made available for public inspection and sent by the school to DOE. The owner fingerprint submissions must be on a fingerprint card that clearly indicates, “State check only”.

 

The owner’s fingerprint submission may not be submitted with the VECHS account information. If state and national criminal record checks are required as a part of scholarship funding, the owner will have to submit under VECHS in addition to the State Level check defined in s.1002.42 (2)(c) 1 F.S.

 

Now let us explain the definition of the word Criminal History Background Check: The term “background check” has been used interchangeably with “criminal history check” or “criminal history background check” which has caused some confusion. From the FDLE perspective, a background check is a criminal history record check to determine if a person has been arrested and/or convicted of a crime. Although some companies use the phrase background check to include drivers record checks, credit checks, or interviews with neighbors and employers, for purposes of this paper, it includes the search of following databases:

∗ The Florida Computerized Criminal History Central Repository for Florida Arrests (STATE CHECK);

∗ The Florida Computerized Criminal History Central Repository for Florida arrests AND the national criminal history database at the FBI for federal arrests and arrests from other states (STATE AND NATIONAL CHECK)

∗ The Florida Crime Information Center for warrants and domestic violence injunctions (HOT FILES CHECK)

 

The national check is based on the submission of fingerprints. For State checks, submissions maybe based on a name (or descriptors) or fingerprints.

Level 1 and Level 2 Background checks: Level 1 and Level 2 Background Checks are terms used in Florida Statutes to convey the method of the criminal record check and the extent of the data searched, however, the terms may also refer to certain disqualifying offenses if certain statutes are used as reference. Level 1 and Level 2 are terms that pertain only to Florida and are not used by the FBI or other states. They are defined in Chapter 435, F.S., but are used elsewhere in statute without definition and appear not to be associated with all of the provisions in chapter 435.

 

∗ Level 1 generally refers to state only name based check AND an employment history check

∗ Level 2 generally refers to a state and national fingerprint based check and consideration of disqualifying offenses, and applies to those employees designated by law as holding positions of responsibility or trust. Section 435.04, mandates that Level 2 background security investigations be conducted on employees, defined as individuals required by law to be fingerprinted pursuant to Chapter 435

 

It should be noted that both the state and national criminal history databases can be searched for arrests, warrants, and other information pertaining to an individual, however neither database has the capability of searching for specific offenses on an individual records

 

What is the difference between the National Child Protection Act and Volunteers for Children Act?

Names you may hear that refer to the same federal law and its amendment are as follows: the National Child Protection Act, the Foley Act, and the Volunteers for Children Act. These laws are sometimes named for sponsors or persons who supported the new laws or amendments. For the purposes of the available criminal history information, these different names refer to the same basic law. Section 943.0542 of the 1999 Florida Statutes was enacted to implement this Federal legislation.

 

On what legislation the VECHS program based?

The Florida Department of Law Enforcement initiated the VECHS program in 1999, after the Florida Legislature enacted section 943.0542 of the Florida Statutes (1999). This statute is based upon the National Child Protection Act (NCPA), as amended. The federal guidelines for the NCPA offer further interpretations of the NCPA, along with mandates for states that chose to implement corresponding legislation and programs.

The federal guidelines apply to the interpretation of our legislation in Florida, and therefore, to the implementation of the VECHS program. Although FDLE desires to offer the broadest services and protection available under the authorizing legislation, we are not permitted to expand the coverage of the governing laws.

 

Please visit http://www.myidentico.com/answers-to-all-frequently-asked-questions-about-vechs-program/ for more details on VECHS program.

As FDLE authorized live scan vendor IDENTICO LLC does everything possible to support children and student safety in the communities and schools. If you are the entity approved to use VECHS screening, please contact us with any questions or quote requests. We’ll do everything possible to keep the cost of services affordable and the quality above standards. Please call (954) 239-8590/ toll-free (888) 988-8969 or visit our official webpage for more information on all background screening and fingerprinting needs.

 

Sincerely,

 

IDENTICO LLC.

Categories
Live Scan Fingerprinting in Florida (General)

Electronic Fingerprinting Frequently Asked Questions

Applicants for Florida State Agencies Level 2 Background Check Clearance can use any Livescan vendor that has been approved by the Florida Department of Law Enforcement to submit their fingerprints to the department. Please ensure that the Originating Agency Identification (ORI) number is provided to the vendor when you submit your fingerprints. If you do not provide an ORI number or if you provide an incorrect ORI number to the vendor, the requesting regulatory agency will not receive your fingerprint results. The applicants are fully responsible for selecting the vendor, and IDENTICO– FDLE approved live scan vendor can assist you with determination that submission of the fingerprints is made to the proper state agency.

 

1. How do I find a Livescan vendor in order to submit my fingerprints to the department?
If you are reading this post, you already found one. IDENTICO is FDLE approved livescan vendor, but for the list of livescan vendors near you please visit

 

http://www.fdle.state.fl.us/Content/getdoc/941d4e90-131a-45ef-8af3-3c9d4efefd8e/Livescan-Service-Providers-and-Device-Vendors.aspx#Service_Providers.

 

2.What information must I provide to the Livescan vendor I choose?
a) If you are an applicant seeking a level 2 clearance with AHCA, DCF, DOEA or applying for license for any profession regulated by the Department of Business and Professional Regulation, which requires a criminal background search as a condition of licensure, you must provide accurate demographic information at the time your fingerprints are taken, including your Social Security number. AHCA, DCF, DBPR and most other state agencies will not be able to process the submission that does not include your Social Security number (except for DBPR Liquor & Tobacco license applicants that are not citizens of the United States).
b) Please make sure that you clearly identify the profession or Agency whose clearance or license you are seeking and submit your fingerprints payment to the live scan vendor. Any inaccurate information that you provide could cause a delay in processing your request.
c) You must provide the correct ORI number

 

3. Where do I get the ORI number to submit to the vendor?
Requesting state agency shall provide you with ORI# number, but in most cases we in IDENTICO have the correct ORI# numbers for the required submission.
FDLE will only retain the criminal results from applicants for a period of six months from the date the fingerprints were rolled. Applicants for DBPR should submit their applications soon after submitting their fingerprints in order to afford themselves an opportunity to resolve any application deficiencies prior to the expiration of the criminal history results.

 

4. How does the electronic fingerprinting process actually work?
In the traditional method of fingerprinting, ink is applied to each of your fingers which are then “rolled” across a fingerprint card to obtain your prints. With electronic fingerprinting also known as live scan fingerprinting, there is no ink or card. Your fingerprints are “rolled” across a glass plate and scanned. It is faster and cleaner than the traditional method. Electronic fingerprinting reduces the likelihood of illegible fingerprints and will reduce the overall application processing time.

 

5. How long will it take to have my fingerprints scanned?
It should only take approximately 5-10 minutes.

 

6. How much does electronic fingerprinting cost?
The total fee charged by each vendor varies. Please contact IDENTICO to obtain this information or visit

https://myidentico.com/fbi-screening.html

for the price list. The fingerprint results are usually received by the requesting state agency in two to four days after your fingerprints are scanned.

 

7. What do I need to bring with me to the Florida electronic fingerprinting site?
All applicants will be required to bring two (2) forms of identification to the electronic fingerprinting site on the day of fingerprinting. One of the two types of identification must bear your picture and signature such as a driver’s license, state identification card or passport.

 

8. I submitted my fingerprint through an FDLE approved vendor, but I have now received a deficiency letter regarding my fingerprints or my employer did not receive any results of my screening? What should I do?

As of the date of the mailing of the deficiency letter, your electronic fingerprinting results have not been transmitted to requesting agency or were submitted with information not matching you application with employer or information on file at licensing agency. Don’t take a chance and don’t use the questionable vendors. Contact few vendors with your questions and see whether customer service is knowledgeable, speaks your language, and can guarantee the timely and correct submission. IDENTICO should be the vendor of your choice, feel free to ask for our referrals, credentials or experience. Call us today (954) 239-8590 or visit our official page at www.myidentico.com

 

9. What should I do if I am notified by regulatory state agency that the Florida Department of Law Enforcement or the Federal Bureau of Investigation determined my electronic fingerprints were illegible?
The electronic fingerprint scanning machines are equipped to determine if your fingerprints scanned successfully; however, if it is determined by the Federal Bureau of Investigation that your prints were not legible, regulatory state agency will send you a notification letter asking you to go back to the same vendor that did your initial prints and schedule a re-roll of your prints. You will be required to bring the notification letter with you as information such as the TCN (Transaction Control Number) and TCR (Transaction Control Reference) must be identified and used at the time of the reroll. There  re-roll of your fingerprints is free at IDENTICO when you provide the TCR# number.

 

10. How long are my fingerprints valid for?
Each Florida agency retain the results of prints for a various time frame. The clearance with AHCA, DCF or APD is valid for 5 years, and re-screening is required every 5 years. DBPR will retain the results of the prints for 24 months (12 months for Real Estate/Real Estate Appraisers) from the date your digital fingerprints were electronically received by the Florida Department of Law Enforcement. FDLE retains the prints for 180 days only. If your prints have expired at the time your application is submitted to the licensing agency, you will be required to submit new prints again.

 

11. Can I use my recent prints to apply for another professional license?
Your prints cannot be shared between professions or with other agencies. You are required to have separate prints for each license you are applying for.

 

Categories
AHCA Background Screening

Fingerprinting for Medicaid Providers Re-Enrollment Application

The Medicaid Provider Re-enrollment Application Packet consists of:

 

• A Florida Medicaid Provider Reenrollment Application
• A Medicaid Provider Agreement
Fingerprint Cards (or proof of exemption from fingerprinting)
In addition, applicants should attach any supporting documentation necessary to show proof of valid licensure, ownership of a tax id, a name change, change in ownership, or any other documentation supporting continued eligibility for enrollment in Florida Medicaid.

 

Criminal History Screening – Florida Medicaid requires criminal history screening for both enrolling and re-enrolling Medicaid providers. The following individuals are required to be listed in question 3 and to submit to a criminal history check:

 

• All partners or shareholders with an ownership interest of five percent or more
• All officers (this includes the president, vice president, etc.)
• All directors (this is the board of directors)
• Financial records custodian
• Medical records custodian
• All billing agents who are employees of the provider
• All managing employees or affiliated persons, including pharmacy managers
• All individuals authorized to sign on the account used for electronic funds transfer

 

If an individual belongs to more than one of the above categories, they only require one criminal history check.

 

Each applicant seeking to participate in the Medicaid program must submit a complete set of fingerprints for each person declared on an initial or renewal application for the purpose of conducting a criminal history record check.
In an effort to streamline the background screening process, AHCA is now encouraging providers to use vendors like IDENTICO who offers electronic fingerprint scanning services. This process avoids the traditional fingerprint card process where finger prints are “rolled” in ink onto an FBI fingerprint card and mailed hard copy with a check for processing. This improves accuracy with fewer rejections (no ink smudges) and improves timeliness of the background investigation process.

 

This enhancement to the provider enrollment process allows providers to enroll without mailing any hard copy documentation. Rather, with electronic scanning of fingerprints handled by approved vendors, applicants may submit their application and all remaining supporting documents through the online Enrollment Wizard.

 

The following provides detailed information on how to take advantage of this new option:

 

Level of Screening Required

Provider applicants to Florida Medicaid require a Level 2 screening which involves a fingerprint check of state and federal criminal history information conducted through the Florida Department of Law Enforcement (FDLE) and the Federal Bureau of Investigation (FBI).

 

Submission of Fingerprints

All provider applicants are encouraged to submit their fingerprints electronically.

Forms of Electronic Screening

 

The most common form of electronic screening involves use of a LiveScan device which is a type of equipment used to directly capture fingerprints through a scanning function. Persons being screened place their hands directly on the scanner for reading. Fingerprint scanning using a LiveScan device provides faster results and generally costs less than hard card scanning as there is less handling involved. LiveScan capture also produces a better quality print, so has a lower rejection rate of illegible prints (no ink smudging, etc).

 

IDENTICO LLC- the LiveScan vendor approved to submit fingerprint requests through the Florida Department of Law Enforcement (FDLE). The cost of services is $54.25 and it includes state and federal criminal history search fees imposed by FDLE and FBI. The LiveScan screening is available at our office locations at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021 or through mobile services where the vendor will either come to the provider location (based on certain volumes and fees) or another pre-arranged location.

 

To ensure the results of your screening are delivered to Florida Medicaid and not to AHCA’s Division of Health Quality Assurance, be sure to use the correct account number, or ORI, assigned to Florida Medicaid. The ORI which should be used for Medicaid Enrollment and Re-Enrollment is FL922013Z.

 

Hard card scanning is a method of submitting a traditional fingerprint card where fingerprints are “rolled” in ink onto an FBI fingerprint card. Cards may be converted to “electronic” by using a machine that scans the cards. There is typically a fee associated with “rolling the prints” as a high degree of skill is required to achieve the necessary quality. Hard cards for Florida Medicaid screening must be supplied by Florida Medicaid because they must include the preprinted ORI# to assure results are returned to Florida Medicaid. The completed cards must be mailed along with a check or money order for $43.25 per card to the Medicaid fiscal agent for processing at: P.O. Box 7070, Tallahassee, FL 32314-7070. Be sure to include your application tracking number or Medicaid ID so the cards may be applied to the correct records. To request a supply of fingerprint cards, contact the fiscal agent at 1-800-289-779, Option 4.

 

Exemptions to Submission of Fingerprints:


• Individuals who successfully submitted a fingerprint card to Florida Medicaid within the previous twelve months. Attach a list of all persons requesting this exemption including full name and social security number.
• Individuals who successfully completed both a state and national criminal history check (level 1 and level 2) within the previous twelve months through another state agency or department. Attach proof on letterhead from the state department or agency that required the background screening showing all of the following: the individual’s name, social security number, type of screening, date screening was completed, and the results.
• Not-for-Profit Board of Directors – Certain directors of not-for-profit organizations are exempt from background screening for Medicaid under Subsection 409.907 (8)(a), F.S.. Submit a completed Organization Affidavit for Exemption from Medicaid Criminal History Check including a list of the names and social security numbers for any directors requesting this exemption.

 

Accuracy of statements contained in any exemption request will be subject to verification by Medicaid.

 

Rejected Fingerprint Cards – Fingerprint cards that are rejected by the FBI will be returned directly to Medicaid Contract Management. Rejected fingerprint cards will be accompanied by a United States Department of Justice Form 1-17 A, Rev 5-2-96, or Form 1-12, Rev 4-28-97, that lists the various reasons a fingerprint card may be rejected. If a fingerprint card is rejected, it will be necessary for the applicant to obtain and submit a new fingerprint card. In order to preclude duplicate payments and to receive a complete FBI record, the applicant must submit the rejected fingerprint card along with the new fingerprint card. Failure to submit a new fingerprint card will result in denial of a pending reenrollment or termination of an active provider.

 

NOTE: Providers who have had a fingerprint card rejected by the FBI are encouraged to request the law enforcement office supply a letter declaring the prints to be the best obtainable prints when they are re-fingerprinted. If the second card also rejects, the best prints letter will facilitate a manual search of the FBI records in lieu of submitting a third fingerprint card.

 

IDENTICO LLC has fingerprinted hundreds of physicians from various health care groups as part of their Medicaid Provider Re-enrollment Application. Most fingerprinting had been made on our mobile units.  We came to clinics, hospitals, mental health facilities etc. and fingerprinted doctors and provider’s administration.

 

IDENTICO is FDLE authorized Live Scan vendor serving South Florida.  With any question related to Level 2 background checks please call us at (954) 239-8590 or visit us online at www.myidentico.com for more information. We provide Mobile Fingerprinting Services and would come to your facility to fingerprint any size groups. Visit our office located at 3948 Pembroke Road, Suite E, Pembroke Park, FL, 33021 for all fingerprinting, background screening or drug testing needs.

Categories
AHCA Background Screening APD Background Screening DCF Background Screening

Level 2 Background Screening for Hospitals in Florida

The chief compliant officer for one of the Florida’s largest Health Care networks contacted us and requested more information about options on how hospital staff can be fingerprinted as part of Level 2 Background Screening.

 

Currently the Level 2 Background Clearance is required by AHCA only for hospital staff working within mental health or psychiatric units, hospitals’ CEO and CFO. However, we wanted to provide our potential client with all possible options, especially counting that network includes several children’s hospitals and NICU units.

 

The Letter

Dear, South Florida’s Leading Health Care Network.

We wanted to make a sufficiently broad research, including advice from a legal consultant before we responded with set of solutions IDENTICO may offer to your organization which includes numerous hospitals.

The answers were in FAQ format, and we decided to share it will all readers who may find these solutions interesting and appropriate for own healthcare facility.

 

1.      What does Level 2 Background Check refers to?

 

Level 2 Background Check is the term used in Florida Statutes to convey the method of the criminal history record check and the extent of the data searched. However, the terms may also refer to certain disqualifying offenses if certain statutes are referenced. Level 2 is the term that pertains only to Florida and is not used by the FBI or other states. They are defined in Chapter 435, Florida Statutes (F.S.), but are used elsewhere in statute without definition and appear not to be associated with all of the provisions in Chapter 435, F.S.

Level 2 generally refers to a state and national fingerprint based check and consideration of disqualifying offenses, and applies to those employees designated by law as holding positions of responsibility or trust. Section 435.04, F.S., mandates Level 2 security background investigations are conducted on employees, defined as individuals required by law to be fingerprinted pursuant to Chapter 435, F.S.

 

It should be noted that both the state and national criminal history databases can be searched for arrests, warrants, and other information pertaining to an individual. However, neither database has the capability of searching for specific offenses within an individual record.

 

2.      Is there a presumption against negligent hiring when an employer conducts a background investigation of a prospective employee?

 

Yes. Pursuant to Section 768.096, F.S., in the case of an intentional tort, an employer is presumed not to have been negligent in hiring an employee if before hiring the employee, the employer conducted a background investigation of the prospective employee and the information did not reveal any information that reasonably demonstrated unsuitability of the prospective employee for the work to be performed or for general employment. The background investigation must include a criminal background investigation.

The statute specifically provides if an employer requests and obtains from FDLE a state criminal history record check; the employer has satisfied the criminal background investigation requirement for the presumption.

 

3.      What are the requirements for a national criminal history record check?

 

National Check: The following must be in place, as required by the FBI, to receive a national criminal history record check:

 

  • A statute must exist as a result of a legislative enactment;
  • It must require the fingerprinting of applicants who are subject to a national criminal history record check;
  • It must expressly (“submit to the FBI”) or by implication (“submit for a national check”) authorize the use of FBI records for the screening of applicants;
  • It must identify the specific category(ies) of licensees/employees falling within its authority;
  • It must not be against public policy;
  • It may not authorize receipt of the criminal history record information by a private entity;
  • The recipient of the criminal history record check results must be a governmental entity;
  • The entity must sign a User Agreement indicating it will comply with the terms and conditions set forth in rule by the FBI; and
  • The fingerprint submission must be first processed through the state repository for a search of its records.

 

4.      What information from a state and national criminal history background check can be disclosed to a private employer?

 

Pursuant to federal law, regulatory and employing agencies may not share any information obtained from a state and national criminal history record check with a private entity. However, these agencies can indicate whether or not the person is eligible for licensing or employment based on their established criteria. Prior to being granted access to the records, authorized agencies must sign a Criminal Justice or Non-Criminal Justice User Agreement with FDLE agreeing to abide by state and federal law.

 

5.      Can a copy of the FDLE and FBI criminal record be provided to applicants if they are denied employment, licensing, or the opportunity to volunteer?

 

Yes. Applicants may be shown their own criminal record. A copy may also be provided, however, applicants must be cautioned the record may not be used for any other purpose. Applicants are not allowed to provide a copy of the record to any other organization.

 

6.      Is sealed or expunged information released as part of a criminal history record check?

 

Sealed information is disseminated only to those agencies authorized by provisions in Section 943.059, F.S. Agencies not specified in the statutes are not provided sealed criminal history information. Expunged criminal history information is not disseminated. However, a notification that a record has been expunged is provided to agencies consistent with provisions in Section 943.0585, F.S. Agencies not specified in the statutes are not provided the expunged notification.

 

7.      If a state and national criminal history record check is conducted, is it necessary to conduct a separate check of the sex offender registry for registered sex offenders?

 

No. If the state and national fingerprint based criminal his story record check is completed, the agency will be notified of all persons designated as sexual predators or offenders in Florida and in the national system.

 

8.      What is the Civil Workflow Control System (CWCS)?

 

Florida Department of Law Enforcement (FDLE) developed the Civil Workflow Control System (CWCS). CWCS, pronounced “QUICKS”, is an automated system used to receive, process and respond to electronic requests for applicant criminal history record checks. Processing that once took several weeks with fingerprint cards now takes 24 to 72 hours with electronic submissions. CWCS allows different types of applicants to be scanned on a single device and allows input from a variety of livescan devices that adhere to FDLE and FBI standards and requirements.

 

9.      How long does it take to complete a state and national criminal history record check when fingerprints are submitted electronically?

 

Typically, state and national criminal history record checks are completed within two to three working days of receiving the electronic submission. When a transaction is complete within the CWCS system, the results are posted to Certified Mail, a secure FDLE web mail application. The results will include both state and national criminal history information, as well as any warrants and other information related to the individual.

 

A result notification email is sent to the email address designated by the customer and will contain a link to this Certified Mail application. This notification will also contain descriptive information specific to the transaction.

 

10.  When can a non-governmental agency receive the results of a state and national background check?

 

Non-governmental entities are not authorized to receive both state and national criminal history information under statutory licensing and employment provisions. The only time non-governmental entities are eligible to obtain national criminal history information is through the VECHS program.

 

11.  What is the Volunteer and Employee Criminal History System (VECHS) program?

 

The VECHS program allows for qualified entities to obtain state and national criminal history record checks on individuals working with children, the elderly or the disabled.

 

12.  What is a “qualified entity”? Who can obtain criminal history background checks under the VECHS and Section 943.0542, Florida Statutes?

 

To qualify for the VECHS Program, an entity must provide some type of “care” or “care placement services” for children, the elderly or the disabled; even if it is only a limited part of the entity’s overall business. Once qualified to participate in the program, an entity may request criminal history information on all current and prospective employees and volunteers, not only those who work with vulnerable persons. A qualified entity may also request criminal history information on employees or volunteers who have or who seek to have unsupervised access to the populations described above.

 

“Qualified entities” are authorized to obtain criminal history record information as described under the NCPA and related federal guidelines. Under the NCPA and Florida statute, a “qualified entity” is a business or organization, whether public, private, for profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services. “Care” means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.

 

13.  How does an organization enroll in the VECHS program?

 

If an entity meets the criteria of a “qualified entity”, they may download and complete a copy of the VECHS Qualified Entity Application and the VECHS User Agreement at http://www.fdle.state.fl.us/BackgroundChecks or contact the VECHS Unit at (850) 410-VECHS (850-410-8324), to request a copy of each document.

 

14.  Can qualified entities share criminal history information with other qualified entities?

 

Yes. Criminal history information may be obtained from other VECHS entities, if the employee or volunteer agrees to this on the VECHS Waiver Statement and Agreement form, required to be signed when he/she was fingerprinted, and if the transfer of information is recorded by the other qualified entity on its Dissemination Log. The restrictions on this process are described in the User Agreement. Entities must contact the VECHS Unit at (850) 410-8324 for entity verification before sharing criminal history information.

 

We believe the FAQ was able to expose all key points of FBI Level 2 Background Screening. Here are the solutions your Health Care Network may decide to implement with IDENTICO’s involvement:

 

a)      Community Mental Health & Crisis Stabilization Units- Level 2 is required by AHCA, FS 435.04 & 394.875 (Adults) and DCF FS 394, 435.04 (mental health facilities and programs providing care for children). Owner / Administrator, Financial Officer, Employees and Contractors Providing Personal Care/Services, Employees that have access to client property, funds or living areas, Directors, Professional Clinicians, Staff Members and Volunteers.

 

b)      Hospital, Surgery Centers and Diagnostic-imaging centers – only CEOs and CFOs are required by Florida Law to go through statutory background screening. Fortunately VECHS program makes FBI Level 2 screening available for all Staff Members. This type of organizations have a high chance to fit under the description of “qualified entity” and establishing VECHS number shall not be very challenging. Each entity will have a separate VECHS “E” (Employee) and “V” (Volunteer) number. As a live-scan vendor IDENTICO will keep that information on file ready for every screening.

 

c)      The cost. If your Health Care Network elects to follow with such screening procedures, and IDENTICO is granted with an opportunity to exclusively offer the screening services, we will put all efforts to make the process as convenient and cost effective as possible. Our mobile units have the capacity to travel to all South Florida locations, no stress or hassle for employees. Our technicians are trained and certified. We possess both liability and property insurance, IDENTICO is liable for any damages which may possibly occur to costly live scan equipment, client facilities or employees during the scope of our services. Keeping potential volume and value of having your Health Network as the client in our mind, we are willing to be highly competitive and flexible with payment option and rates, and will be honored with opportunity to discuss it private meeting.

 

We assume there may be several questions you may need to be answered, therefore feel free to contact us anytime.

 

Best regards,

IDENTICO LLC

Office: (954) 239-8590

Fax: (954) 367-2256

www.myidentico.com

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

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.