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Florida, Preemployment Inquiries Law Summaries

Preemployment Inquiries Law Summaries

Florida, Preemployment Inquiries Law Summaries

Florida has a general law for public and private employers that require a background screening or security check for employment (Title XXXI, Ch. 435). The state also has criminal background check laws/regs covering the following employees/employers, among others: school bus drivers; school district employees and substitute teachers (Title XVI, Ch. 231); service provider personnel who have direct contact with unmarried minor and developmentally disabled clients (Title XXIX, Ch. 397); crisis stabilization units, residential treatment facilities, and residential treatment centers for children and adolescents (Title XXIX, Ch. 394, Pt. IV); birth centers (Title XXIX, Ch. 383); abortion clinics (Title XXIX, Ch. 390); hospitals, ambulatory surgical centers, mobile surgical facilities and private utilization review agents (Title XXIX, Ch. 395, Pt. I); nursing homes (Title XXIX, Ch. 400); home health agencies/nurse registries (Title XXIX, Ch. 400, Pt. IV); adult day care centers (Title XXIX, Ch. 400, Pt. V); hospices (Title XXIX, Ch. 400, Pt. VI); clinical labs (Title XXXII, Ch. 483, Pt. I); multiphasic health testing centers (Title XXXII, Ch. 483, Pt. II); fire safety inspectors and firefighters (Title XXXVII, Ch. 633); law enforcement and corrections officers (Title XLVII, Ch. 943); financial institutions (Title XXXVIII, Ch. 655); public officers and employees who hold positions of special trust or responsibility or sensitive location (Title X, Ch. 110); county and municipal employees and contractors (Ch. 2002-169 (S. 954), L. 2002); seaport employees (Sec. 311.12); toll enforcement officers (Rule No. 14–100.001); and guardians/employees of guardians (Sec. 744.3135).

Provisions pertaining to access to criminal history records and the sealing of such records are located at Title XLVII, Ch. 943.

Florida has ratified the National Crime Prevention and Privacy Compact (Sec. 943.0543).

The full text of these laws is available beginning at Employment Practices Guide ¶10-23,600.01 .

Florida's job reference liability law is located at Title XLV, Chapter 768, Part I. There is also a law enforcement job reference liability law (Ch. 2001-94 (S. 252), L. 2001).

The full text of these laws is available beginning at Wages-Hours ¶10-64,051 .

References are to the Florida Statutes, unless otherwise indicated.

WHAT THE EMPLOYER MUST DO

Background checks.-Generally.- Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the following provisions will apply (Sec. 435.01).

For the purposes of Ch. 435, “employee” means any person required by law to be screened pursuant to Ch. 435 (Sec. 435.02, as amended by Ch. 8 (H. 1053), L. 1999).

For the purposes of Ch. 435, “employer” means any person or entity required by law to conduct screening of employees pursuant to Ch. 435 (Sec. 435.02, as amended by Ch. 8 (H. 1053), L. 1999).

For the purposes of Ch. 435, “licensing agency” means any state or county agency that grants licenses or registration permitting the operation of an employer or is itself an employer. When there is no state licensing agency or the county licensing agency chooses not to conduct employment screening, “licensing agency” means the Department of Children and Family Services (Sec. 435.02, as amended by Ch. 8 (H. 1053), L. 1999, June 29, 1999).

All employees required by law to be screened will be required to undergo background screening as a condition of employment and continued employment. For the purposes of this subsection, level 1 screenings include, but are not limited to, employment history checks and statewide criminal correspondence checks through the Florida Department of Law Enforcement (FDLE), and may include local criminal records checks through local law enforcement agencies (Sec. 435.03(1)).

Any person for whom employment screening is required by statute must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any of the following offenses (Sec. 435.03(2), as amended by H. 1053, L. 2000; and by S. 358, L. 2000, effective September 1, 2000):

abuse, neglect, or exploitation of a vulnerable adult.
murder.
manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.
vehicular homicide.
killing of an unborn child by injury to the mother.
assault, if the victim of the offense was a minor.
aggravated assault.
battery, if the victim of the offense was a minor.
aggravated battery.
kidnapping.
false imprisonment.
sexual battery.
prohibited acts of persons in familial or custodial authority.
prostitution.
lewd and lascivious behavior.
lewdness and indecent exposure.
arson.
theft, robbery, and related crimes, if the offense was a felony.
fraudulent sale of controlled substances, only if the offense was a felony.
abuse, aggravated abuse, or neglect of an elderly person or disabled adult.
lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.
exploitation of an elderly person or disabled adult, if the offense was a felony.
incest.
child abuse, aggravated child abuse, or neglect of a child.
contributing to the delinquency or dependency of a child.
negligent treatment of children.
sexual performance by a child.
obscene literature.
drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor.

Standards must also ensure that (Sec. 435.03(3), as amended by H. 1053, L. 2000; and by S. 358, L. 2000, effective September 1, 2000):

employees and employers licensed or registered pursuant to Ch. 400 (Nursing Home and Related Health Care Facilities), and for employees and employers of developmental services institutions, intermediate care facilities for the developmentally disabled, and mental health treatment facilities, meets the requirements of Part II;
the person has not committed an act that constitutes domestic violence.

All employees in positions designated by law as positions of trust or responsibility will be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of this subsection, security background investigations must include, but are not limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the FDLE, and federal criminal records checks through the FBI, and may include local criminal records checks through local law enforcement agencies (Sec. 435.04(1), as amended by Ch. 284 (H. 349), L. 1999).

The security background investigations under this section must ensure that no persons subject to this section have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any of the following offenses (Sec. 435.04(2), as amended by H. 1053, L. 2000):

adult abuse, neglect, or exploitation of aged persons or disabled adults.
murder.
manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.
vehicular homicide.
killing of an unborn child by injury to the mother.
assault, if the victim of the offense was a minor.
aggravated assault.
battery, if the victim of the offense was a minor.
aggravated battery.
battery on a detention or commitment facility staff.
kidnapping.
false imprisonment.
taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings.
carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person.
exhibiting firearms or weapons within 1,000 feet of a school.
possessing an electric weapon or device, destructive device, or other weapon on school property.
sexual battery.
prohibited acts of persons in familial or custodial authority.
prostitution.
lewd and lascivious behavior.
lewdness and indecent exposure.
arson.
theft, robbery, and related crimes, if the offense is a felony.
fraudulent sale of controlled substances, only if the offense was a felony.
abuse, aggravated abuse, or neglect of an elderly person or disabled adult.
lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult.
exploitation of an elderly person or disabled adult, if the offense was a felony.
incest.
child abuse, aggravated child abuse, or neglect of a child.
contributing to the delinquency or dependency of a child.
negligent treatment of children.
sexual performance by a child.
obscene literature.
drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor.
resisting arrest with violence.
depriving a law enforcement, correctional, or correctional probation officer means of protection or communication.
aiding in an escape.
aiding in the escape of juvenile inmates in correctional institutions.
obscene literature.
encouraging or recruiting another to join a criminal gang.
drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor.
inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm.
harboring, concealing, or aiding an escaped prisoner.
introduction of contraband into a correctional facility.
sexual misconduct in juvenile justice programs.
contraband introduced into detention facilities.

Standards must also ensure that the person (Sec. 435.04(3), as amended by H. 1053, L. 2000):

For employees or employers licensed or registered pursuant to Ch. 400 (Nursing Homes and Related Health Care Facilities), does not have a confirmed report of abuse, neglect, or exploitation that has been uncontested or upheld;
Has not committed an act that constitutes domestic violence.

Under penalty of perjury, all employees in such positions of trust or responsibility must attest to meeting the requirements for qualifying for employment and agreeing to inform the employer immediately if convicted of any of the disqualifying offenses while employed by the employer. Each employer of employees in such positions of trust or responsibilities that is licensed or registered by a state agency must submit to the licensing agency annually, under penalty of perjury, an affidavit of compliance with this section (Sec. 435.04(4), as amended by Ch. 284 (H. 349), L. 1999).

Every person employed in a position for which employment screening is required must, within five working days after starting to work, submit to the employer a complete set of information necessary to conduct a screening under this section (Sec. 435.05(1)(a)).

For level 1 screening, the employer must submit the information necessary for screening to the FDLE within five working days after receiving it. The FDLE will conduct a search of its records and will respond to the employer agency. The employer will inform the employee whether screening has revealed any disqualifying information (Sec. 435.05(1)(b), as amended by S. 358, L. 2000, effective September 1, 2000).

For level 2 screening, the employer or licensing agency must submit the information necessary for screening to the FDLE within five working days after receiving it. The FDLE will conduct a search of its criminal and juvenile records and will request that the FBI conduct a search of its records for each employee for whom the request is made. The FDLE will respond to the employer or licensing agency, and the employer or licensing agency will inform the employee whether screening has revealed disqualifying information (Sec. 435.05(1)(c), as amended by S. 358, L. 2000, effective September 1, 2000).

The person whose background is being checked must supply any missing criminal or other necessary information to the employer within 30 days after the employer makes a request for the information or be subject to automatic disqualification (Sec. 435.05(1)(d)).

Unless otherwise prohibited by state or federal law, new employees may be placed on probationary status pending a determination of compliance with minimum standards set forth in this part (Sec. 435.05(2), as amended by S. 358, L. 2000, effective September 1, 2000).

Each employer required to conduct level 2 background screening must sign an affidavit annually, under penalty of perjury, stating that all covered employees have been screened or are newly hired and are awaiting the results of the required screening checks (Sec. 435.05, as amended by Ch. 8 (H. 1053), L. 1999).

When an employer or licensing agency has reasonable cause to believe that grounds exist for the denial or termination of employment of any employee as a result of background screening, it must notify the employee in writing, stating the specific record that indicates noncompliance with the standards in this section. It is the responsibility of the affected employee to contest his or her disqualification or to request exemption from disqualification. The only basis for contesting the disqualification is proof of mistaken identity (Sec. 435.06(1)).

The employer must either terminate the employment of any of its personnel found to be in noncompliance with the minimum standards for good moral character contained in this section or place the employee in a position for which background screening is not required unless the employee is granted an exemption from disqualification pursuant to Sec. 435.07 (Sec. 435.06(2)).

Any person who is required to undergo employment screening and who refuses to cooperate in such screening or refuses to submit the information necessary will be disqualified for employment in such position or, if employed, will be dismissed (Sec. 435.06(3)).

Unless otherwise provided by law, this section applies to exemptions from disqualification (Sec. 435.07).

The appropriate licensing agency may grant to any employee otherwise disqualified from employment an exemption from disqualification for (Sec. 435.07(1), as amended by S. 358, L. 2000, effective September 1, 2000):

Felonies committed more than three years prior to the date of disqualification;
Misdemeanors prohibited under any of the Florida Statutes cited in this chapter or under similar statutes of other jurisdictions;
Offenses that were felonies when committed but are now misdemeanors;
Findings of delinquency;
Commissions of acts of domestic violence.

Persons employed by treatment providers who treat adolescents 13 years of age and older who are disqualified from employment solely because of crimes under Secs. 817.563, 893.13, or 893.147 (all relating to controlled substances) may be exempted from disqualification from employment pursuant to this section without the three-year waiting period (Sec. 435.07(2)).

In order for a licensing department to grant an exemption to any employee, the employee must demonstrate by clear and convincing evidence that the employee should not be disqualified. Employees seeking an exemption have the burden of setting forth sufficient evidence of rehabilitation. The decision of the licensing department regarding an exemption may be contested (Sec. 435.07(3)).

Disqualification from employment under Sec. 435.07(1) above may not be removed from, nor may an exemption be granted to, any personnel who is found guilty of, regardless of adjudication, or who has entered a plea of nolo contendere or guilty to, any felony covered by Sec. 435.03 above solely by reason of any pardon, executive clemency, or restoration of civil rights (Sec. 435.07(4)).

Exemptions granted by one licensing agency must be considered by subsequent licensing agencies, but are not binding on the subsequent licensing agency (Sec. 435.07(5)).

Either the employer or the employee is responsible for paying the costs of screening. Payment must be submitted to the FDLE with the request for screening (Sec. 435.08, as amended by S. 358, L. 2000, effective September 1, 2000).

No criminal or juvenile information obtained under this section may be used for any purpose other than determining whether persons meet the minimum standards for employment or for an owner or director of a covered service provider. The criminal records and juvenile records obtained by the department or by an employer are exempt from Sec. 119.07(1) of the state's public records law (Sec. 435.09, as amended by S. 358, L. 2000, effective September 1, 2000).

School employees.- To be eligible for appointment in any position in any district school system, a person must be of good moral character (Sec. 231.02(1), as amended by Ch. 8 (H. 1053) and Ch. 398 (H. 751), L. 1999).

Instructional and noninstructional personnel who are hired to fill positions requiring direct contact with students in any district school system or laboratory school must, upon employment, file a complete set of fingerprints taken by an authorized law enforcement officer or an employee of the school or district who is trained to take fingerprints. These fingerprints must be submitted to the FDLE for state processing and to the FBI for federal processing. Such new employees will be on probationary status pending fingerprint processing and determination of compliance with standards of good moral character. Employees found through fingerprint processing to have been convicted of a crime involving moral turpitude must not be employed in any position requiring direct contact with students. Probationary employees terminated because of their criminal record may appeal such decisions. The cost of the fingerprint processing may be borne by the school board or the employee (Sec. 231.02(2)(a), as amended by Ch. 8 (H. 1053) and Ch. 398 (H. 751), L. 1999).

Personnel who have been fingerprinted or screened pursuant to this subsection and who have not been unemployed for more than 90 days will not be required to be refingerprinted or rescreened in order to comply with the requirements of this subsection (Sec. 231.02(2)(b), as amended by Ch. 8 (H. 1053) and Ch. 398 (H. 751), L. 1999).

The Department of Education may deny an applicant a certificate if the department possesses evidence satisfactory to it that the applicant has committed an act or acts, or that a situation exists, for which the Education Practices Commission would be authorized to revoke a teaching certificate. The decision of the department is subject to review by the Education Practices Commission upon the filing of a written request from the applicant within 20 days after receipt of the notice of denial (Sec. 231.17(10), as amended by Ch. 398 (H. 751), L. 1999).

Each school board must adopt rules prescribing the procedure for employment of substitute teachers, including, but not limited to, the filing of a complete set of fingerprints as required in Sec. 231.02 above (Sec. 231.47).

Noninstructional school district employees and contractors.- Noninstructional school district employees or contractual personnel who have direct contact with students or have access to or control of school funds must meet level 2 screening requirements as described in Sec. 1012.32 (Sec. 1012.465, as amended by Ch. 2007-207 (S. 988), L. 2007).

A fingerprint-based criminal history check shall be performed on each noninstructional contractor who is permitted access to school grounds when students are present, whose performance of the contract with the school or school board is not anticipated to result in direct contact with students, and for whom any unanticipated contact would be infrequent and incidental. Criminal history checks shall be performed at least once every five years. For the initial criminal history check, each noninstructional contractor who is subject to the criminal history check shall file with the Department of Law Enforcement a complete set of fingerprints taken by an authorized law enforcement agency or an employee of a school district, a public school, or a private company who is trained to take fingerprints. The fingerprints shall be electronically submitted for state processing to the Department of Law Enforcement, which shall in turn submit the fingerprints to the FBI for national processing. The results of each criminal history check shall be reported to the school district in which the individual is seeking access and entered into a shared system. The school district shall screen the results using the disqualifying offenses in Sec. 1012.467(2)(g). The cost of the criminal history check may be borne by the district school board, the school, or the contractor (Sec. 1012.467(2)(a), as added by Ch. 2007-207 (S. 988), L. 2007).

As authorized by law, the Department of Law Enforcement shall retain the fingerprints submitted by the school districts pursuant to this subsection to the Department of Law Enforcement for a criminal history background screening in a manner provided by rule and enter the fingerprints in the statewide automated fingerprint identification system authorized by Sec. 943.05(2)(b). The fingerprints shall thereafter be available for all purposes and uses authorized for arrest fingerprint cards entered into the statewide automated fingerprint identification system under Sec. 943.051 (Sec. 1012.467(2)(b), as added by Ch. 2007-207 (S. 988), L. 2007).

As authorized by law, the Department of Law Enforcement shall search all arrest fingerprint cards received under Sec. 943.051 against the fingerprints retained in the statewide automated fingerprint identification system under Sec. 1012.467(2)(b) just above (Sec. 1012.467(2)(c), as added by Ch. 2007-207 (S. 988), L. 2007).

School districts may participate in the search process described in this subsection by paying an annual fee to the Department of Law Enforcement (Sec. 1012.467(2)(d), as added by Ch. 2007-207 (S. 988), L. 2007).

A noninstructional contractor who is subject to a criminal history check under this section shall inform a school district that he or she has completed a criminal history check in another school district within the last five years. The school district shall verify the results of the contractor's criminal history check using the shared system. The school district may not charge the contractor a fee for verifying the results of his or her criminal history check (Sec. 1012.467(2)(f), as added by Ch. 2007-207 (S. 988), L. 2007).

A noninstructional contractor for whom a criminal history check is required under this section may not have been convicted of any of the following offenses designated in the Florida Statutes, any similar offense in another jurisdiction, or any similar offense committed in this state which has been redesignated from a former provision of the Florida Statutes to one of the following offenses (Sec. 1012.467(2)(g), as added by Ch. 2007-207 (S. 988), L. 2007):

Any offense listed in Sec. 943.0435(1)(a)1., relating to the registration of an individual as a sexual offender.
Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and the reporting of such sexual misconduct.
Section 394.4593, relating to sexual misconduct with certain mental health patients and the reporting of such sexual misconduct.
Section 775.30, relating to terrorism.
Section 782.04, relating to murder.
Section 787.01, relating to kidnapping.
Any offense under Ch. 800, relating to lewdness and indecent exposure.
Section 826.04, relating to incest.
Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child

If it is found that a noninstructional contractor has been convicted of any of the offenses listed just above, the individual shall be immediately suspended from having access to school grounds and shall remain suspended unless and until the conviction is set aside in any postconviction proceeding (Sec. 1012.467(3), as added by Ch. 2007-207 (S. 988), L. 2007).

A noninstructional contractor who has been convicted of any of the offenses listed just above may not be permitted on school grounds when students are present unless the contractor has received a full pardon or has had his or her civil rights restored (Sec. 1012.467(4), as added by Ch. 2007-207 (S. 988), L. 2007).

If a school district has reasonable cause to believe that grounds exist for the denial of a contractor's access to school grounds when students are present, it shall notify the contractor in writing, stating the specific record that indicates noncompliance with the standards set forth in this section. It is the responsibility of the affected contractor to contest his or her denial. The only basis for contesting the denial is proof of mistaken identity or that an offense from another jurisdiction is not disqualifying under Sec. 1012.467(2)(g) (see just above) (Sec. 1012.467(5), as added by Ch. 2007-207 (S. 988), L. 2007).

Each contractor who is subject to the requirements of this section shall agree to inform his or her employer or the party to whom he or she is under contract and the school district within 48 hours if he or she is arrested for any of the disqualifying offenses in Sec. 1012.467(2)(g) (see just above). If the employer of a contractor or the party to whom the contractor is under contract knows the contractor has been arrested for any of the disqualifying offenses in Sec. 1012.467(2)(g) and authorizes the contractor to be present on school grounds when students are present, such employer or such party commits a felony of the third degree (Sec. 1012.467(6), as added by Ch. 2007-207 (S. 988), L. 2007).

The Department of Law Enforcement shall implement a system that allows for the results of a criminal history check provided to a school district to be shared with other school districts through a secure Internet website or other secure electronic means (Sec. 1012.467(7)(a), as added by Ch. 2007-207 (S. 988), L. 2007).

An employee of a school district, a charter school, a lab school, a charter lab school, or the Florida School for the Deaf and the Blind who requests or shares criminal history information under this section is immune from civil or criminal liability for any good-faith conduct that occurs during the performance of and within the scope of responsibilities related to the record check (Sec. 1012.467(7)(b), as added by Ch. 2007-207 (S. 988), L. 2007).

A district school board shall exempt from the screening requirements set forth in Secs. 1012.465 and 1012.467 (see just above) the following noninstructional contractors (Sec. 1012.468(2), as added by Ch. 2007-207 (S. 988), L. 2007):

Noninstructional contractors who are under the direct supervision of a school district employee or contractor who has had a criminal history check and meets the screening requirements under Secs. 1012.32, 1012.465, 1012.467, or 1012.56. For purposes of this paragraph, the term “direct supervision” means that a school district employee or contractor is physically present with a noninstructional contractor when the contractor has access to a student and the access remains in the school district employee's or the contractor's line of sight. If a noninstructional contractor who is exempt under this subsection is no longer under direct supervision as specified in item (1) just above, the contractor may not be permitted on school grounds when students are present until the contractor meets the screening requirements in Sec. 1012.465 or Sec. 1012.467.
Noninstructional contractors who are required by law to undergo a level 2 background screening pursuant to Sec. 435.04 for licensure, certification, employment, or other purposes and who submit evidence of meeting the following criteria: (a) The contractor meets the screening standards in Sec. 435.04; (b) The contractor's license or certificate is active and in good standing, if the contractor is a licensee or certificateholder; and (c) The contractor completed the criminal history check within five years prior to seeking access to school grounds when students are present.
A law enforcement officer who is assigned or dispatched to school grounds by his or her employer.
An employee or medical director of an ambulance provider, licensed pursuant to Ch. 401, who is providing services within the scope of Pt. III of Ch. 401 on behalf of such ambulance provider.
Noninstructional contractors who remain at a site where students are not permitted if the site is separated from the remainder of the school grounds by a single chain-link fence of six feet in height.
A noninstructional contractor who provides pick-up or delivery services and those services involve brief visits on school grounds when students are present.

A noninstructional contractor who is exempt under this section from the screening requirements set forth in Sec. 1012.465 or Sec. 1012.467 (see above) is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement and the national sex offender public registry maintained by the U.S. Department of Justice. The school district shall conduct the search required under this subsection without charge or fee to the contractor (Sec. 1012.468(3)(a), as added by Ch. 2007-207 (S. 988), L. 2007).

A noninstructional contractor who is identified as a sexual predator or sexual offender in the registry search required in Sec. 1012.468(3)(a) just above may not be permitted on school grounds when students are present. Upon determining that a noninstructional contractor may not be permitted on school grounds pursuant to this subsection, the school district shall notify the vendor, individual, or entity under contract within three business days (Sec. 1012.468(3)(b), as added by Ch. 2007-207 (S. 988), L. 2007).

A school district may not subject a contractor who meets the requirements in Sec. 1012.468(2) just above to an additional criminal history check. Upon submission of evidence and verification by the school district, the school district must accept the results of the criminal history check for the contractor (Sec. 1012.468(4), as added by Ch. 2007-207 (S. 988), L. 2007)..

Junior reserve officer training.- Commissioned or noncommissioned military officers who are instructors of junior reserve officer training are not exempt from the background screening requirements of Sec. 1012.32 (Sec. 1012.55(4), as amended by Ch. 2004-295 (S. 2986), L. 2004).

Charter schools.- A charter school shall employ or contract with employees who have undergone background screening provided in Sec. 1012.32. Members of the governing board of the charter school shall also undergo background screening in a manner similar to that provided in Sec. 1012.32 (Sec. 1002.33(g), as amended by Ch. 2004-295 (S. 2986), L. 2004).

School health services personnel.- Any person who provides services under a school health services plan must complete level 2 screening as provided in Ch. 435 above. A person may satisfy these requirements by submitting proof of compliance with the requirements of level 2 screening, conducted within 12 months before the date that person initially provides services under a school health services plan. Any person who provides such services will be on a probationary status pending the results of the screening (Sec. 381.0059(1)(a), as amended by Ch. 00-367 (S. 2034), L. 2000, effective July 1, 2000).

In order to conduct level 2 screening, any person who provides services under a school health services plan must furnish to the Department of Health a full set of fingerprints to enable the department to conduct a criminal background investigation. Each person who provides services under a school health services plan must file a complete set of fingerprints taken by an authorized law enforcement officer and must provide sufficient information for a statewide criminal records correspondence check through the FDLE. The Department of Health must submit the fingerprints to the FDLE for a statewide criminal history check, and the FDLE must forward the fingerprints to the FBI for a national criminal history check (Sec. 381.0059(1)(b), as amended by Ch. 00-367 (S. 2034), L. 2000, effective July 1, 2000).

The person subject to the required background screening or his or her employer must pay the fees required to obtain the screening. The applicant or his or her employer who pays for the screening may be reimbursed by the Department of Health (Sec. 381.0059(1)(c), as amended by Ch. 00-367 (S. 2034), L. 2000, effective July 1, 2000; and by S. 358, L. 2000, effective September 1, 2000).

When the Department of Health has reasonable cause to believe that grounds exist for the disqualification of any person providing services under a school health services plan, as a result of background screening, it must notify the person in writing, stating the specific record that indicates noncompliance with the level 2 screening standards. The Department of Health must disqualify any person from providing services under a school health services plan if the department finds that the person is not in compliance with the level 2 screening standards. A person who provides such services on a probationary status and who is disqualified because of the results of his or her screening may contest that disqualification (Sec. 381.0059(2)(a), as amended by Ch. 00-367 (S. 2034), L. 2000, effective July 1, 2000).

The Department of Health may grant exemptions from disqualification to persons providing services under a school health services plan (Sec. 381.0059(2)(b) and (c), as amended by Ch. 00-367 (S. 2034), L. 2000, effective July 1, 2000).

Any person who is required to undergo the background screening to provide services under a school health plan who refuses to cooperate in such screening or refuses to submit the information necessary to complete the screening, including fingerprints, will be disqualified for employment or volunteering in such position or, if employed, will be dismissed (Sec. 381.0059(3), as amended by Ch. 00-367 (S. 2034), L. 2000, effective July 1, 2000).

Under penalty of perjury, each person who provides services under a school health plan must attest to meeting the level 2 screening requirements for participation under the plan and agree to inform the Department of Health immediately if convicted of any disqualifying offense while providing services (Sec. 381.0059(4), as amended by Ch. 00-367 (S. 2034), L. 2000, effective July 1, 2000).

As used in this section, the term “person who provides services under a school health services plan” does not include an unpaid volunteer who lectures students in group settings on health education topics (Sec. 381.0059(5), as added by Ch. 00-367 (S. 2034), L. 2000, effective July 1, 2000).

School bus drivers.- At the time of initial employment, the school board shall assure that the operator of a school bus has filed a set of fingerprints for the purpose of the required background check for determining criminal record (Florida Administrative Code, Title 06, Ch. 6A-3, Sec. 6A-3.0141, as amended November 26, 2006).

Florida School for the Deaf and Blind.- The Board of Trustees of the Florida School for the Deaf and Blind requires all employees and applicants for employment to undergo personnel screening and security background investigations (Sec. 242.335, as amended by H. 1051, L. 2000; and by S. 358, L. 2000, effective September 1, 2000).

Places where children congregate.- Before making any decision to appoint or employ a person to work, whether for compensation or as a volunteer, at any park, playground, day care center, or other place where children regularly congregate, a state agency or governmental subdivision must conduct a search of that person's name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement. The search may be conducted using the Department's Internet site. This requirement does not apply to those positions or appointments within a state agency or governmental subdivision for which a state and national criminal history background check is conducted (added by Ch. 2004-81 (S. 1774), L. 2004, effective May 21, 2004).

Service provider personnel (substance abuse services).- Background checks shall apply as follows (Sec. 397.451(1)(a), as amended by Ch. 2002-196 (S. 682), L. 2002, effective July 1, 2002):

all owners, directors and CFOs of service providers are subject to level-2 background screening as provided under Ch. 435.
all service provider personnel who have direct contact with children receiving services or with adults who are developmentally disabled receiving services are subject to level-2 background screening as provided under Ch. 435.

A volunteer who assists on an intermittent basis for fewer than 40 hours per month and is under direct and constant supervision by persons who meet all personnel requirements of Ch. 397 is exempt from fingerprinting and background check requirements (Sec. 397.451(1)(c), as amended by Ch. 2002-196 (S. 682), L. 2002, effective July 1, 2002).

Service providers that are exempt from licensing provisions of Ch. 397 are exempt from personnel fingerprinting and background check requirements, except as otherwise provided in this section. A church or nonprofit religious organization exempt from licensure under Ch. 397 is required to comply with personnel fingerprinting and background check requirements (Sec. 397.451(1)(d), as amended by Ch. 2002-196 (S. 682), L. 2002, effective July 1, 2002).

Personnel employed by the Department of Corrections in a substance abuse service component who have direct contact with unmarried inmates under the age of 18 or with inmates who are developmentally disabled are exempt from the fingerprinting and background check requirements of this section (Sec. 397.451(1)(e), as amended by Ch. 2002-196 (S. 682), L. 2002, effective July 1, 2002).

The Department of Children and Family Services must assess employment history checks and checks of references for all owners, directors, and CFOs, and the directors must assess employment history checks and checks of references for each employee who has direct contact with children receiving services or adults who are developmentally disabled receiving services (Sec. 397.451(2), as amended by Ch. 2002-196 (S. 682), L. 2002, effective July 1, 2002).

Service provider personnel who have been fingerprinted or had their backgrounds checked pursuant to Ch. 393, Ch. 394, Ch. 402, or Ch. 409, or this section, and teachers who have been fingerprinted pursuant to Ch. 231, who have not been unemployed for more than 90 days thereafter and who, under the penalty of perjury, attest to the completion of such fingerprinting or background checks and to compliance with this section and the standards contained in Ch. 435 (above) and this section, are not required to be refingerprinted or rechecked (Sec. 397.451(3)(a), as amended by Ch. 2002-196 (S. 682), L. 2002, effective July 1, 2002).

Service provider owners, directors, or CFOs who are not covered by Sec. 397.451(3)(a) above who provide proof of compliance with the level-2 background screening requirements which has been submitted within the previous five years in compliance with any other state health care licensure requirements are not required to be refingerprinted or rechecked (Sec. 397.451(3)(b), as amended by Ch. 2002-196 (S. 682), L. 2002, effective July 1, 2002).

The Department of Children and Family Services may grant to any service provider personnel an exemption from disqualification as provided in Sec. 435.07 above (Sec. 397.451(4)(a), as amended by Ch. 2002-196 (S. 682), L. 2002, effective July 1, 2002).

Since rehabilitated substance abuse impaired persons are effective in the successful treatment and rehabilitation of substance abuse impaired adolescents, for service providers who treat adolescents 13 years of age and older, service provider personnel whose background checks indicate crimes under Sec. 817.563, 893.13, or 893.147 (all relating to controlled substances) may be exempted from disqualification from employment pursuant to this paragraph (Sec. 397.451(4)(b), as amended by Ch. 2002-196 (S. 682), L. 2002, effective July 1, 2002).

The Department of Children and Family Services may grant exemptions from disqualification that would limit service provider personnel to working with adults in substance-abuse-treatment facilities (Sec. 397.451(4)(c), as amended by Ch. 2002-196 (S. 682), L. 2002, effective July 1, 2002).

The employing service provider or the personnel who are having their backgrounds checked are responsible for paying the costs of processing fingerprints and criminal records checks (Sec. 397.451(5), as amended by Ch. 2002-196 (S. 682), L. 2002, effective July 1, 2002).

It is a misdemeanor of the first degree for any person willfully, knowingly or intentionally to use or release any criminal or juvenile information obtained under this chapter for any purpose other than background checks of personnel for employment (Sec. 397.461, as amended by S. 358, L. 2000, effective September 1, 2000).

Residential facilities and comprehensive transitional education programs (developmental disabilities).- An applicant for licensure as a residential facility or comprehensive transitional education program for the developmentally disabled must submit evidence that establishes the good moral character of the manager or supervisor of the facility or program and the direct service providers in the facility or program and its component centers or units. A license may be issued if all the screening materials have been timely submitted; however, a license may not be issued or renewed if any of the direct service providers have failed the screening requirement required by Sec. 393.0655 (Sec. 393.067(5), as amended by S. 358, L. 2000, effective September 1, 2000).

A licensed residential facility or comprehensive transitional education program that applies for renewal of its license must submit to the department a list of direct service providers who have worked on a continuous basis at the applicant facility or program since submitting fingerprints to the department, identifying those direct service providers for whom a written assurance of compliance was provided by the department and identifying those direct service providers who have recently begun working at the facility or program and are awaiting the results of the required fingerprint check along with the date of the submission of requests to the FDLE to run state criminal records checks for such providers except for those providers awaiting the results of initial fingerprint checks for employment at the applicant facility or program. The department will review the records of the providers at the applicant facility or program with respect to the crimes specified in Sec. 393.0655 and must notify the facility or program of its findings. When disposition information is missing on a criminal record, it is the responsibility of the person being screened, upon request of the department, to obtain and supply within 30 days the missing disposition information to the department. Failure to supply the missing information within 30 days or to show reasonable efforts to obtain such information will result in automatic disqualification (Sec. 393.067(5), as amended by S. 358, L. 2000, effective September 1, 2000).

The applicant must sign an affidavit under penalty of perjury stating that all new direct service providers have been fingerprinted and that the facility's or program's remaining direct service providers have worked at the applicant facility or program on a continuous basis since being initially screened at that facility or program or have a written assurance of compliance from the department (Sec. 393.067(5), as amended by S. 358, L. 2000, effective September 1, 2000).

As a prerequisite for issuance of the initial license to a residential facility or comprehensive transitional education program (Sec. 393.067(5), as amended by S. 358, L. 2000, effective September 1, 2000):

The applicant must submit to the department a complete set of fingerprints for the manager, supervisor, or direct service provider of the facility or program;
The department must submit the fingerprints to the FDLE for state processing and for federal processing by the FBI; and
The department must review the record of the manager or supervisor with respect to the crimes specified in Sec. 393.0655(1) and must notify the applicant of its findings. When disposition information is missing on a criminal record, it is the responsibility of the manager or supervisor, upon request of the department, to obtain and supply within 30 days the missing disposition information to the department. Failure to supply the missing information within 30 days or to show reasonable efforts to obtain such information will result in automatic disqualification.

The department or a residential facility or comprehensive transitional education program may not use the criminal records or juvenile records of a person obtained under this subsection for any purpose other than determining if that person meets the minimum standards for good moral character for a manager or supervisor of, or direct service provider in, such a facility or program (Sec. 393.067(5), as amended by S. 358, L. 2000, effective September 1, 2000).

Each applicant for licensure as an intermediate care facility for the developmentally disabled must comply with the following requirements (Sec. 393.067(6), as amended by S. 358, L. 2000, effective September 1, 2000):

Upon receipt of a completed, signed, and dated application, the Agency for Health Care Administration must require background screening, in accordance with the level 2 standards set forth in Ch. 435 above, of the managing employee, or other similarly titled individual responsible for the daily operation of the facility, and of the financial officer, or other similarly titled individual who is responsible for the financial operation of the center. The applicant must comply with the procedures for level 2 background screening as set forth in Ch. 435, as well as Sec. 435.03(3) (see above).
The Agency for Health Care Administration may require background screening of any other individual who is an applicant if the agency has probable cause to believe that he or she has been convicted of a crime or has committed any other offense prohibited under the level 2 standards.
Proof of compliance with the level 2 requirements that has been submitted within the previous five years in compliance with any other Florida health care licensure requirements is acceptable fulfillment of the requirements of item (1) just above.
A provisional license may be granted to an applicant when each individual required by this section to undergo background screening has met the standards for the FDLE background check, but the agency has not yet received background screening results from the FBI, or a request for a disqualification exemption has been submitted to the agency, but a response has not yet been issued. A standard license may be granted to the applicant upon the agency's receipt of a report of the results of the FBI background screening for each individual required by this section to undergo screening which confirms that all standards have been met, or upon the granting of a disqualification exemption by the agency. Any other person who is required to undergo level 2 background screening may serve in his or her capacity pending the agency's receipt of the report from the FBI. However, the person may not continue to serve if the report indicates any violation of background screening standards and a disqualification exemption has not been requested of and granted by the agency.
Each applicant must submit to the agency, with its application, a description and explanation of any exclusions, permanent suspensions or terminations of the applicant from the Medicare or Medicaid programs. Proof of compliance with the requirements for disclosure of ownership and control interests under such programs will be accepted in lieu of this submission.
Each applicant must submit to the agency a description and explanation of any conviction of an offense prohibited under the level 2 standards of Ch. 435 above by a member of the board of directors of the applicant, its officers, or any individual owning five percent of more of the applicant. There are exceptions from this requirement for directors of not-for-profit corporations/organizations under certain circumstances.
A license may not be granted to an applicant if the applicant or managing employee has been found guilty, regardless of adjudication, or has entered a plea of nolo contendere or guilty to, any offense prohibited under the level 2 standards for screening set forth in Ch. 435 above, unless an exemption from disqualification has been granted.
The agency may deny or revoke licensure if the applicant: (a) has falsely represented a material fact in the application required by items (5) or (6) just above, or has omitted any material fact from the application required by those provisions; or (b) has had prior action taken against the applicant under the Medicaid or Medicare program as set forth in item (5) just above.
An application for license renewal must contain the information required under items (5) and (6) just above.

It is a misdemeanor of the first degree for any person willfully, knowingly, or intentionally to use information from the criminal records or central abuse hotline obtained under Sec. 393.067 above for any purpose other than screening that person for employment or release such information to any other person for any purpose other than screening for employment (Sec. 393.0674(1)(c), as amended by S. 358, L. 2000, effective September 1, 2000).

It is a felony of the third degree for any person willfully, knowingly, or intentionally to use information from the juvenile records of a person obtained under Sec. 393.067 above for any purpose other than screening for employment or to release information from such records to any other person for any purpose other than employment screening (Sec. 393.0674(2)).

Intermediate care facilities for the developmentally disabled.- Applicants for licensure as intermediate care facilities for the developmentally disabled are subject to background screening (Sec. 400.962, as amended by S. 358, L. 2000, effective September 1, 2000; and by S. 1280, L. 2000, effective June 21, 2000).

Level 2 background screening as provided in Ch. 435 above is required for all employees or prospective employees of facilities licensed as intermediate care facilities for the developmentally disabled who are expected to be, or whose responsibilities are such that they would be considered to be, a direct service provider (Sec. 400.964, as amended by S. 358, L. 2000, effective September 1, 2000).

Hospitals, ambulatory surgical centers, mobile surgical facilities.- There are background screening requirements for managing employees of hospitals, ambulatory surgical centers or mobile surgical facilities seeking licensure. Screening may also be required for members of the board of directors, officers, or owners (Sec. 395.0055, as amended by S. 358, L. 2000, effective September 1, 2000).

Homes for special services.- There are background screening requirements for managing employees and financial officers of homes for special services seeking licensure. “Home for special services” is defined as a site where specialized health care services are provided, including personal and custodial care, but not continuous nursing services. The Agency for Health Care Administration may also require screening of other applicants (Sec. 400.801, as amended by S. 358, L. 2000, effective September 1, 2000).

Transitional living facilities.- There are requirements for screening of applicants for licensure as a transitional living facility. “Transitional living facility” means a site where specialized health care services are provided, including, but not limited to, rehabilitative services, community reentry training, aids for independent living, and counseling to spinal-cord-injured persons and head-injured persons (Sec. 400.805, as amended by S. 358, L. 2000, effective September 1, 2000; and by Ch. 153 (H. 1053), L. 2000).

Prescribed pediatric extended care centers.- Applicants for licensure as a prescribed pediatric extended care center are subject to background screening (Sec. 400.906, as amended by S. 358, L. 2000, effective September 1, 2000).

Home medical equipment providers.- Applicants for licensure as a home medical equipment provider are subject to background screening (Sec. 400.931, as amended by S. 358, L. 2000, effective September 1, 2000).

Employment screening as provided in Ch. 435 using level 1 standards (see above) is required for home medical equipment provider personnel (Sec. 400.953, as amended by S. 358, L. 2000, effective September 1, 2000).

Private utilization review agents.- Applicants for registration as private utilization review agents must comply with background screening requirements similar to those described for crisis stabilization units, residential treatment facilities, and residential treatment centers for children and adolescents, just below (Sec. 395.0199(4), as amended by S. 358, L. 2000, effective September 1, 2000).

Clinical labs.- Applicants for licensure as clinical labs are subject to background screening (Sec. 483.101, as amended by S. 358, L. 2000, effective September 1, 2000).

Multiphasic health testing centers.- Applicants for licensure as multiphasic health testing centers are subject to background screening (Sec. 483.30, as amended by S. 358, L. 2000, effective September 1, 2000).

Crisis stabilization units, residential treatment facilities, and residential treatment centers for children and adolescents.- Each applicant for licensure must comply with the following (Sec. 394.875(13), as amended by S. 358, L. 2000, effective September 1, 2000, and by Ch. 265 (S. 682), L. 2000, effective October 1, 2000):

Upon receipt of a completed, signed, and dated application, the Agency for Health Care Administration must require background screening, in accordance with the level 2 standards set forth in Ch. 435 above, of the managing employee and financial officer, or other similarly titled individual responsible for the financial operation of the facility. The applicant must comply with the procedures for level 2 background screening as set forth in Ch. 435, as well as Sec. 435.03(3) (see above).
The Agency for Health Care Administration may require background screening of any other individual who is an applicant if the agency has probable cause to believe that he or she has been convicted of a crime or has committed any other offense prohibited under the level 2 standards.
Proof of compliance with the level 2 requirements that has been submitted within the previous five years in compliance with any other Florida health care licensure requirements is acceptable fulfillment of the requirements of item (1) just above.
A provisional license may be granted to an applicant when each individual required by this section to undergo background screening has met the standards for the FDLE background check, but the agency has not yet received background screening results from the FBI, or a request for a disqualification exemption has been submitted to the agency, but a response has not yet been issued. A standard license may be granted to the applicant upon the agency's receipt of a report of the results of the FBI background screening for each individual required by this section to undergo background screening which confirms that all standards have been met, or upon the granting of a disqualification exemption. Any other person who is required to undergo level 2 background screening may serve in his or her capacity pending the agency's receipt of the report from the FBI. However, the person may not continue to serve if the report indicates any violation of background screening standards and a disqualification exemption has not been requested and granted.
Each applicant must submit to the agency, with its application, a description and explanation of any exclusions, permanent suspensions or terminations of the applicant from the Medicare or Medicaid programs. Proof of compliance with the requirements for disclosure of ownership and control interests under such programs will be accepted in lieu of this submission.
Each applicant must submit to the agency a description and explanation of any conviction of an offense prohibited under the level 2 standards of Ch. 435 above by a member of the board of directors of the applicant, its officers, or any individual owning five percent or more of the applicant. There are exceptions from this requirement for certain not-for-profit corporations/organizations.
A license may not be granted to an applicant if the applicant or managing employee has been found guilty, regardless of adjudication, or has entered a plea of nolo contendere or guilty to, any offense prohibited under the level 2 standards for screening set forth in Ch. 435 above, unless an exemption from disqualification has been granted.
The agency may deny or revoke licensure if the applicant: (a) has falsely represented a material fact in the application required by items (5) or (6) just above, or has omitted any material fact from the application required by those provisions; or (b) has had prior action taken against the applicant under the Medicaid or Medicare program as set forth in item (5) just above.
An application for license renewal must contain the information required under items (5) and (6) just above.

Birth centers.- Each applicant for licensure as a birth center must comply with the following requirements (Sec. 383.305(7), as amended by S. 358, L. 2000, effective September 1, 2000):

Upon receipt of a completed, signed, and dated application, the Agency for Health Care Administration must require background screening, in accordance with the level 2 standards set forth in Ch. 435 above, of the managing employee, or other similarly titled individual responsible for the daily operation of the center, and of the financial officer, or other similarly titled individual who is responsible for the financial operation of the center. The applicant must comply with the procedures for level 2 background screening as set forth in Ch. 435, as well as Sec. 435.03(3) (above).
The Agency for Health Care Administration may require background screening of any other individual who is an applicant if the agency has probable cause to believe that he or she has been convicted of a crime or has committed any other offense prohibited under the level 2 standards.
Proof of compliance with the level 2 requirements that has been submitted within the previous five years in compliance with any other Florida health care licensure requirements is acceptable fulfillment of the requirements of item (1) just above.
A provisional license may be granted to an applicant when each individual required by this section to undergo background screening has met the standards for the FDLE background check, but the agency has not yet received results from the FBI, or a request for a disqualification exemption has been submitted to the agency, but a response has not yet been issued. A standard license may be granted to the applicant upon the agency's receipt of a report of the results of the FBI background screening for each individual required by this section to undergo screening which confirms that all standards have been met, or upon the granting of a disqualification exemption. Any other person who is required to undergo level 2 background screening may serve in his or her capacity pending the agency's receipt of the report from the FBI. However, the person may not continue to serve if the report indicates any violation of background screening standards and a disqualification exemption has not been requested of and granted by the agency.
Each applicant must submit to the agency, with its application, a description and explanation of any exclusions, permanent suspensions or terminations of the applicant from the Medicare or Medicaid programs. Proof of compliance with the requirements for disclosure of ownership and control interests under such programs will be accepted in lieu of this submission.
Each applicant must submit to the agency a description and explanation of any conviction of an offense prohibited under the level 2 standards of Ch. 435 (see above) by a member of the board of directors of the applicant, its officers, or any individual owning five percent of more of the applicant. There are exceptions from this requirement for certain not-for-profit corporations/organizations.
A license may not be granted to an applicant if the applicant or managing employee has been found guilty, regardless of adjudication, or has entered a plea of nolo contendere or guilty to, any offense prohibited under the level 2 standards for screening set forth in Ch. 435 above, unless an exemption from disqualification has been granted.
The agency may deny or revoke licensure if the applicant: (a) has falsely represented a material fact in the application required by items (5) or (6) just above, or has omitted any material fact from the application required by those provisions; or (b) has had prior action taken against the applicant under the Medicaid or Medicare program as set forth in item (5) just above.
An application for license renewal must contain the information required under items (5) and (6) just above.

Abortion clinics.- Each applicant for licensure as an abortion clinic must comply with the following requirements (Sec. 390.015(3), as amended by S. 358, L. 2000, effective September 1, 2000):

Upon receipt of a completed, signed, and dated application, the Agency for Health Care Administration must require background screening, in accordance with the level 2 standards set forth in Ch. 435 above, of the managing employee, or other similarly titled individual responsible for the daily operation of the clinic, and of the financial officer, or other similarly titled individual who is responsible for the financial operation of the clinic. The applicant must comply with the procedures for level 2 background screening as set forth in Ch. 435, as well as Sec. 435.03(3) (see above).
The Agency for Health Care Administration may require background screening of any other individual who is an applicant if the agency has probable cause to believe that he or she has been convicted of a crime or has committed any other offense prohibited under the level 2 standards.
Proof of compliance with the level 2 requirements that has been submitted within the previous five years in compliance with any other Florida health care licensure requirements is acceptable fulfillment of the requirements of item (1) just above.
A provisional license may be granted to an applicant when each individual required by this section to undergo background screening has met the standards for the FDLE background check, but the agency has not yet received results from the FBI, or a request for a disqualification exemption has been submitted to the agency, but a response has not yet been issued. A standard license may be granted to the applicant upon the agency's receipt of a report of the results of the FBI background screening for each individual required by this section to undergo screening which confirms that all standards have been met, or upon the granting of a disqualification exemption. Any other person who is required to undergo level 2 background screening may serve in his or her capacity pending the agency's receipt of the report from the FBI. However, the person may not continue to serve if the report indicates any violation of background screening standards and a disqualification exemption has not been requested and granted.
Each applicant must submit to the agency, with its application, a description and explanation of any exclusions, permanent suspensions or terminations of the applicant from the Medicare or Medicaid programs. Proof of compliance with the requirements for disclosure of ownership and control interests under such programs will be accepted in lieu of this submission.
Each applicant must submit to the agency a description and explanation of any conviction of an offense prohibited under the level 2 standards of Ch. 435 (see above) by a member of the board of directors of the applicant, its officers, or any individual owning five percent of more of the applicant. There are exceptions from this requirement for certain not-for-profit corporations/organizations.
A license may not be granted to an applicant if the applicant or managing employee has been found guilty, regardless of adjudication, or has entered a plea of nolo contendere or guilty to, any offense prohibited under the level 2 standards for screening set forth in Ch. 435 above, unless an exemption from disqualification has been granted.
The agency may deny or revoke licensure if the applicant: (a) has falsely represented a material fact in the application required by items (5) or (6) just above, or has omitted any material fact from the application required by those provisions; or (b) has had prior action taken against the applicant under the Medicaid or Medicare program as set forth in item (5) just above.
An application for license renewal must contain the information required under items (5) and (6) just above.

Nursing homes.- The Agency for Health Care Administration will require background screening as provided in Ch. 435 above for all employees or prospective employees of nursing homes who are expected to, or whose responsibilities may require them to (Sec. 400.215(1), as amended by Ch. 394 (H. 1971), L. 1999):

Provide personal care or services to residents;
Have access to resident living areas; or
Have access to resident funds or other personal property.

Employers and employees must comply with Sec. 435.05 above (Sec. 400.215(2), as amended by S. 358, L. 2000, effective September 1, 2000).

Notwithstanding Sec. 435.05(1) above, facilities must have in their possession evidence that level 1 screening has been completed before allowing an employee to begin working with patients as provided in Sec. 400.215(1) above. All information necessary for conducting background screening using level 1 standards as specified in Sec. 435.03(1) above must be submitted by the nursing facility to the agency. Results of the background screening must be provided by the agency to the requesting nursing facility (Sec. 400.215(2)(a), as amended by S. 358, L. 2000, effective September 1, 2000).

Employees qualified under Sec. 400.215(2)(a) above who have not maintained continuous residency within the state for the five years immediately preceding the date of request for background screening must complete level 2 screening, as provided in Ch. 435 above. Such employees may work in a conditional status up to 180 days pending the receipt of written findings evidencing the completion of level 2 screening. Level 2 screening will not be required of employees or prospective employees who attest in writing under penalty of perjury that they meet the residency requirement. Completion of level 2 screening requires the employee or prospective employee to furnish to the nursing facility a full set of fingerprints to enable a criminal background investigation to be conducted. The nursing facility must submit the completed fingerprint card to the agency. The agency will establish a record of the request in a database of background screening information that includes the results of both level 1 and level 2 screening and forward the request to the FDLE, which is authorized to submit the fingerprints to the FBI for a national criminal history records check. The results of the national check will be returned to the agency, which will maintain the results in the database. The agency will notify the administrator of the requesting facility, as requested by such facility, as to whether or not the employee has qualified under level 1 or level 2 screening. An employee or prospective employee who has qualified under level 2 screening and has maintained such continuous residency within the state will not be required to complete a subsequent level 2 screening as a condition of employment at another facility (Sec. 400.215(2)(b), as amended by Ch. 394 (H. 1971), L. 1999; and Sec. 400.215(2)(c), as amended by S. 358, L. 2000, effective September 1, 2000).

Applicants and employees will be excluded from employment pursuant to Sec. 435.06 above (Sec. 400.215(2)(d), as amended by Ch. 394 (H. 1971), L. 1999).

The applicant is responsible for paying the fees associated with obtaining the required screening (Sec. 400.215(3), as amended by S. 358, L. 2000, effective September 1, 2000).

The Agency for Health Care Administration may grant an exemption from disqualification to an employee or prospective employee who is subject to this section and who has not received a professional license or certification from the Department of Health (Sec. 400.215(4)(a), as amended by Ch. 394 (H. 1971), L. 1999).

The Department of Health may grant an exemption from disqualification to an employee or prospective employee who is subject to this section and who has received a professional license or certification from the Department of Health (Sec. 400.215(4)(b), as amended by Ch. 394 (H. 1971), L. 1999).

Persons who have been screened and qualified as required by this section and who have not been unemployed for more than 180 days thereafter, and who under penalty of perjury attest to not having been convicted of a disqualifying offense since the completion of such screening, will not be required to be rescreened. An employer may obtain written verification of qualifying screening results from the previous employer or other entity that caused such screening to be performed (Sec. 400.215(5), as amended by Ch. 394 (H. 1971), L. 1999).

There is no monetary or unemployment liability on the part of, and no cause of action for damages arising against an employer that, upon notice of a disqualifying offense or an act of domestic violence, terminates the employee against whom the report was issued, whether or not the employee has filed for an exemption with the Department of Health or the Agency for Health Care Administration (Sec. 400.215(8), as amended by S. 358, L. 2000, effective September 1, 2000).

There are also background screening requirements for licensure of nursing homes (Sec. 400.071, as amended by S. 358, L. 2000, effective September 1, 2000).

Each person who intends to be an adult family-care home provider must apply for a license from the agency at least 90 days before the applicant intends to operate the home (Sec. 400.619(1)).

Upon receipt of a completed license application or license renewal, and the fee, the agency will initiate a level 1 background screening as provided under Ch. 435 above on the adult family-care home provider, the designated relief person, all adult household members, and all staff members (Sec. 400.619(4)).

Proof of compliance with level 1 screening standards that has been submitted within the previous five years to meet any facility or professional licensure requirements of the agency or the Department of Health satisfies the requirements of this subsection. Such proof must be accompanied, under penalty of perjury, by a copy of the person's current professional license and an affidavit of current compliance with the background screening requirements (Sec. 400.619(4)(a)).

The person required to be screened must have been continuously employed in the same type of occupation for which the person is seeking employment without a breach in service that exceeds 180 days, and proof of compliance with the level 1 screening requirement which is no more than two years old must be provided. Proof of compliance must be provided directly from one employer or contractor to another, and not from the person screened. Upon request, a copy of screening results must be provided to the person screened by the employer retaining documentation of the screening (Sec. 400.619(4)(b)).

The application must be accompanied by a description and explanation of any exclusions, permanent suspensions, or terminations of the applicant from participation in the Medicaid or Medicare programs or any other governmental health care or health insurance program (Sec. 400.619(5)).

Assisted living facilities.- Upon a determination that a person subject to level 2 background screening under Sec. 400.4174(1) below does not meet the screening standards of Sec. 435.04 above or that the facility is retaining an employee subject to level 1 background screening standards under Sec. 400.4174(2) below who does not meet the screening standards of Sec. 435.03 above and for whom exemptions from disqualification have not been provided by the Agency for Health Care Administration, the agency may deny, revoke, or suspend any license issued to an assisted living facility, or impose an administrative fine (Sec. 400.414(1), as amended by S. 358, L. 2000, effective September 1, 2000).

Level 2 background screening must be conducted on each of the following persons (Sec. 400.4174(1)(a)):

The facility owner if an individual, the administrator, and the financial officer;
An officer or board member if the facility owner is a firm, corporation, partnership or association, or any person owning five percent or more of the facility if the agency has probable cause to believe that such person has been convicted of any offense prohibited by Sec. 435.04 above. For each officer, board member, or person owning five percent or more who has been convicted of any such offense, the facility must submit to the Agency for Health Care Administration a description and explanation of the conviction at the time of license application. There are exceptions for board members of not-for-profit entities.

Proof of compliance with level 2 screening standards that has been submitted within the previous five years to meet any facility or professional licensure requirements of the agency or Department of Health satisfies the requirements of this subsection, provided that such proof is accompanied by an affidavit of compliance with Ch. 435 above. Proof of compliance with the background screening requirements of the Department of Insurance for applicants for a certificate of authority to operate a continuing care retirement community, submitted within the last five years, satisfies the FDLE and FBI portions of a level 2 background check (Sec. 400.4174(1)(b)).

The agency may grant a provisional license to a facility applying for an initial license when each individual required by this subsection to undergo screening has completed the FDLE background checks, but has not yet received results from the FBI, or when a request for an exemption from disqualification has been submitted to the agency, but a response has not been issued (Sec. 400.4174(1)(c), as amended by S. 358, L. 2000, effective September 1, 2000).

The owner or administrator of an assisted living facility must conduct level 1 background screening on all employees hired on or after October 1, 1998, who perform personal services. The agency may exempt an individual from employment disqualification (Sec. 400.4174(2)).

Home health agencies.- The Agency for Health Care Administration requires employment or contractor screening as provided in Ch. 435, using level 1 standards (see above), for home health agency personnel; persons referred for employment by nurse registries; and persons employed by registered companion or homemaker services (Sec. 400.512, as amended by Ch. 318 (H. 591), L. 2000, effective July 1, 2000; and by S. 358, L. 2000, effective September 1, 2000).

The Agency for Health Care Administration may, upon request, grant exemptions from disqualification from employment or contracting under this section, except for health care practitioners licensed by the Department of Health or a regulatory board within that department (Sec. 400.512(1)(a), as amended by Ch. 318 (H. 591), L. 2000, effective July 1, 2000).

The appropriate regulatory board, or the Department of Health itself when there is no board, may, upon request of the licensed health care practitioner, grant exemptions from disqualification from employment or contracting under this section as provided in Sec. 435.07 (see above) (Sec. 400.512(1)(b), as amended by Ch. 318 (H. 591), L. 2000, effective July 1, 2000).

As a prerequisite to operating as a home health agency, nurse registry, or registered companion or homemaker service, the administrator or managing employee, respectively, must submit to the agency his or her name and any other information necessary to conduct a complete screening. The agency must submit the information to the FDLE and must conduct a search for any report of confirmed abuse. The agency must review the record of the administrator or manager with respect to the offenses specified in this section and must notify the owner of its findings. If disposition information is missing on a criminal record, the administrator or manager, upon request of the agency, must obtain and supply within 30 days the missing disposition information to the agency. Failure to supply missing information within 30 days or to show reasonable efforts to obtain such information will result in automatic disqualification (Sec. 400.512(3), as amended by Ch. 318 (H. 591), L. 2000, effective July 1, 2000; and by S. 358, L. 2000, effective September 1, 2000).

Proof of compliance with the screening requirements of Ch. 435 above will be accepted in lieu of the requirements of this section if the person has been continuously employed or registered without a breach in service that exceeds 180 days, the proof of compliance is not more than two years old, and the person has been screened through the agency for any reports of confirmed abuse and for any criminal record from the FDLE. A home health agency, nurse registry, or registered companion or homemaker service must directly provide proof of compliance to another home health agency, nurse registry, or registered companion or homemaker service. The recipient home health agency, nurse registry, or registered companion or homemaker service may not accept any proof of compliance directly from the person who requires screening. Proof of compliance must be provided upon request to the person screened by the home health agencies; nurse registries; or registered companion or homemaker services (Sec. 400.512(4), as amended by Ch. 318 (H. 591), L. 2000, effective July 1, 2000; and by S. 358, L. 2000, effective September 1, 2000).

There is no monetary liability on the part of, and no cause of action for damages arises against, a licensed home health agency, licensed nurse registry, or registered companion or homemaker service, that, upon notice that the employee or contractor has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense prohibited under Sec. 435.03 (see above) or under any similar statute of another jurisdiction, terminates the employee or contractor, whether or not the employee or contractor has filed for an exemption with the agency and whether or not the time for filing has expired (Sec. 400.512(5)(a), as amended by Ch. 318 (H. 591), L. 2000, effective July 1, 2000; and by S. 358, L. 2000, effective September 1, 2000).

If a home health agency is asked about a person who was employed by or contracted with that agency, there is no monetary liability on the part of, and no cause of action for damages arising against, a former employer of the person for that agency, who reasonably and in good faith communicates his or her honest opinions about the former caregiver's job performance (Sec. 400.512(5)(b), as added by Ch. 318 (H. 591), L. 2000, effective July 1, 2000).

The costs of processing the statewide correspondence criminal records checks must be borne by the home health agency; the nurse registry; or the registered companion or homemaker service, or by the person being screened, at the discretion of the home health agency, nurse registry, or registered companion or homemaker service (Sec. 400.512(6), as amended by Ch. 318 (H. 591), L. 2000, effective July 1, 2000; and by S. 358, L. 2000, effective September 1, 2000).

It is a misdemeanor of the first degree for any person willfully, knowingly, or intentionally to (Sec. 400.512(7)(a), as amended by Ch. 318 (H. 591), L. 2000, effective July 1, 2000; and by S. 358, L. 2000, effective September 1, 2000):

fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as to such person's qualifications to be an employee under this section;
operate or attempt to operate an entity licensed or registered under this part with persons who do not meet the minimum standards for good moral character as contained in this section; or
use information from the criminal records or the agency's reports of confirmed abuse obtained under this section for any purpose other than screening that person for employment as specified in this section or release such information to any other person for any purpose other than screening for employment.

It is a felony of the third degree for any person willfully, knowingly, or intentionally to use information from the juvenile records of a person obtained under this section for any purpose other than screening for employment (Sec. 400.512(7)(b)).

There are background screening requirements for applicants for licensure as home health agencies. This includes administrators and financial officers. Board members, officers and owners may also be required to be screened under certain circumstances (Sec. 400.471(4), as amended by S. 358, L. 2000, effective September 1, 2000). While nurse registries are exempt from the licensing requirements of a home health agency, they are subject to licensing and there are some background check requirements (Sec. 400.506, as amended by S. 358, L. 2000, effective September 1, 2000).

Adult day care centers.- Level 2 background screening must be conducted on each of the following persons (Sec. 400.5572(1)(a)):

The adult day care center owner if an individual, the operator, and the financial officer;
An officer or board member if the owner of the center is a firm, corporation, partnership or association, or any person owning five percent of more of the facility, if the agency has probable cause to believe that such person has been convicted of any offense prohibited by Sec. 435.04 above. For each officer, board member, or person owning five percent or more who has been convicted of any such offense, the facility must submit to the agency a description and explanation of the conviction at the time of license application. There are exceptions from these provisions for not-for-profit corporations.

The agency may grant a provisional license to an adult day care center applying for an initial licensure when each individual required by this subsection to undergo screening has completed the FDLE background check, but has not yet received results from the FBI, or when a request for an exemption from disqualification has been submitted to the agency, but a response has not been issued (Sec. 400.5572(1)(c), as amended by S. 358, L. 2000, effective September 1, 2000).

The owner or administrator of an adult day care center must conduct level 1 background screening as set forth in Ch. 435 (see above) on all employees hired on or after October 1, 1998, who provide basic services or supportive and optional services to participants (Sec. 400.5572(2)).

Hospices.- Upon receipt of a completed application, the Agency for Health Care Administration will require level 2 background screening on each of the following persons (Sec. 400.6065(1)):

the hospice administrator and financial officer;
an officer or board member if the hospice is a firm, corporation, partnership or association, or any person owning five percent or more of the hospice if the agency has probable cause to believe that such officer, board member, or owner has been convicted of any offense prohibited by Sec. 435.04 above. For each officer, board member, or person owning five percent or more who has been convicted of any such offense, the hospice must submit to the agency a description and explanation of the conviction at the time of license application. There are exceptions to this requirement for board members of not-for-profit corporations/organizations.

Proof of compliance with level 2 screening standards that has been submitted within the previous five years to meet any facility or professional licensure requirements of the Agency for Health Care Administration or the Department of Health satisfies the requirements of this section (Sec. 400.6065(2)).

The Agency for Health Care Administration may grant a provisional license to a hospice applying for an initial license when each individual required by this section to undergo screening has completed the FDLE background check, but has not yet received results from the FBI (Sec. 400.6065(3), as amended by S. 358, L. 2000, effective September 1, 2000).

The Agency for Health Care Administration will require employment or contractor screening as provided in Ch. 435 (see above), using level 1 standards, for hospice personnel (Sec. 400.6065(4), as added by S. 358, L. 2000, effective September 1, 2000).

The Agency for Health Care Administration may grant exemptions from disqualification from employment under this section as provided in Sec. 435.07 (see above) (Sec. 400.6065(5), as added by S. 358, L. 2000, effective September 1, 2000).

The administration of each hospice must sign an affidavit annually, under penalty of perjury, stating that all personnel employed or contracted with on or after October 1, 1998, who provide hospice services in a facility, or who enter the home of a patient in their service capacity, have been screened (Sec. 400.6065(6), as added by S. 358, L. 2000, effective September 1, 2000).

Proof of compliance with the screening requirements of Ch. 435 (see above) must be accepted in lieu of the requirements of this section if the person has been continuously employed or registered without a breach in service that exceeds 180 days, the proof of compliance is not more than two years old, and the person has been screened, at the discretion of the hospice (Sec. 400.6065(7), as added by S. 358, L. 2000, effective September 1, 2000).

It is a misdemeanor of the first degree for any person willfully, knowingly, or intentionally to (Sec. 400.6065(8)(a), as added by S. 358, L. 2000, effective September 1, 2000):

fail, by fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as to such person's qualifications to be employed or contracted with under this section;
operate or attempt to operate a hospice with persons who do not meet the minimum standards for good moral character as contained in this section; or
use information from the criminal records obtained under this section for any purpose other than screening as specified in this section, or release such information to any other person for any purpose other than screening under this section.

Health care services pools.- Each applicant for registration as a health care services pool must comply with the following (Sec. 400.980, as amended by S. 358, L. 2000, effective September 1, 2000):

Upon receipt of a completed, signed, and dated application, the Agency for Health Care Administration will require background screening, in accordance with the level 1 standards for screening set forth in Ch. 435 (see above), of every individual who will have contact with patients. The agency will require background screening of the managing employee or other similarly titled individual who is responsible for the operation of the entity, and of the financial officer or other similarly title individual who is responsible for the financial operation of the entity in accordance with level 2 standards for background screening as set forth in Ch. 435 (see above).
The agency may require background screening of any other individual who is affiliated with the applicant if the agency has a reasonable basis for believing that he or she has been convicted of a crime or has committed any other offense prohibited under level 2 standards.
Proof of compliance with level 2 background screening requirements which has been submitted within the previous five years in compliance with any other health care or assisted living licensure requirements of Florida is acceptable in fulfillment of item (1) just above.
A provisional registration may be granted to an applicant when each individual required to undergo background screening has met the standards for the FDLE background check but the Agency for Health Care Administration has not yet received background screening results from the FBI. A standard registration may be granted to the applicant upon the agency's receipt of a report of the results of the FBI background screening for each individual required to undergo background screening which confirms that all standards have been met, or upon the granting of a disqualification exemption. Any other person who is required to undergo level 2 background screening may serve in his or her capacity pending the agency's receipt of the FBI report. However, the person may not continue to serve if the report indicates any violation of background screening standards and if a disqualification exemption has not been requested of and granted.
Each applicant must submit to the Agency for Health Care Administration, with its application, a description and explanation of any exclusions, permanent suspensions, or terminations of the applicant from the Medicare or Medicaid programs. Proof of compliance with the requirements for disclosure of ownership and controlling interests under such programs may be accepted in lieu of this submission.
Each applicant must submit to the Agency for Health Care Administration a description and explanation of any conviction of an offense prohibited under level 2 standards which was committed by a member of the board of directors of the applicant, its officers, or any individual owning five percent or more of the applicant. There are exceptions to this requirement for directors of not-for-profit corporations/organizations.
A registration may not be granted to an applicant if the applicant or managing employee has been found guilty of, regardless of adjudication, or has entered a plea of nolo contendere or guilty to, any offense prohibited under the level 2 standards for screening set forth in Ch. 435 above, unless an exemption from disqualification has been granted.
The provisions of this section that require an applicant for registration to undergo background screening will stand repealed on June 30, 2001, unless reviewed and saved from repeal through reenactment by the legislature.
Failure to provide all required documentation within 30 days after a written request from the Agency for Health Care Administration will result in denial of the application for registration.
The Agency for Health Care Administration must take final action on an application for registration within 60 days after receipt of all required documentation.
The agency may deny, revoke or suspend the registration of any applicant or registrant who: (a) has falsely represented a material fact in the application required by item (5) or (6) just above, or has omitted any material fact from the application required by those provisions; or (b) has had prior action taken against the applicant under the Medicaid or Medicare program as set forth in item (5) just above; (c) fails to comply with this section or applicable rules; (d) commits an intentional, reckless, or negligent act that materially affects the health or safety of a person receiving services.

It is a misdemeanor of the first degree, for any person willfully, knowingly or intentionally to (Sec. 400.980(5), as amended by S. 358, L. 2000, effective September 1, 2000):

fail, by fraudulent means, to disclose in any application for voluntary or paid employment a material fact used in making a determination as to an applicant's qualifications to be a contractor under this section;
operate or attempt to operate an entity registered under this part with persons who do not meet the minimum standards of Ch. 435 (see above) as contained in this section; or
use information from the criminal records obtained under this section for any purpose other than screening an applicant for temporary employment as specified in this section, or release such information to any other person for any purpose other than screening for employment under this section.

Organ procurement organizations.- Each applicant for certification as an organ procurement organization must comply with the following requirements (Sec. 381.60225(1), as amended by S. 358, L. 2000, effective September 1, 2000):

Upon receipt of a completed, signed, and dated application, the Agency for Health Care Administration must require background screening, in accordance with the level 2 standards set forth in Ch. 435 above, of the managing employee, or other similarly titled individual responsible for the daily operation of the organization, agency or entity, and financial officer, or other similarly titled individual who is responsible for the financial operation of the organization, agency or entity. The applicant must comply with the procedures for level 2 background screening as set forth in Ch. 435, as well as Sec. 435.03(3) (see above).
The Agency for Health Care Administration may require background screening of any other individual who is an applicant if the agency has probable cause to believe that he or she has been convicted of a crime or has committed any other offense prohibited under the level 2 standards.
Proof of compliance with the level 2 requirements that has been submitted within the previous five years in compliance with any other Florida health care licensure requirements is acceptable fulfillment of the requirements of item (1) just above.
A provisional certification may be granted to the organization, agency or entity when each individual required by this section to undergo screening has met the standards for the FDLE background check, but the agency has not yet received results from the FBI, or a request for a disqualification exemption has been submitted to the agency, but a response has not yet been issued. A standard certification may be granted upon the agency's receipt of a report of the results of the FBI background screening for each individual required by this section to undergo screening which confirms that all standards have been met, or upon the granting of a disqualification exemption by the agency. Any other person who is required to undergo level 2 screening may serve in his or her capacity pending the agency's receipt of the report from the FBI. However, the person may not continue to serve if the report indicates any violation of background screening standards and a disqualification exemption has not been requested and granted.
Each applicant must submit to the agency, with its application, a description and explanation of any exclusions, permanent suspensions or terminations of the applicant from the Medicare or Medicaid programs. Proof of compliance with the requirements for disclosure of ownership and control interests under such programs will be accepted in lieu of this submission.
Each applicant must submit to the agency a description and explanation of any conviction of an offense prohibited under the level 2 standards of Ch. 435 (see above) by a member of the board of directors of the applicant, its officers, or any individual owning five percent of more of the applicant. There are exceptions to this requirement for directors of not-for-profit corporations/organizations.
The agency may not certify any organization, agency or entity if any applicant or managing employee has been found guilty, regardless of adjudication, or has entered a plea of nolo contendere or guilty to, any offense prohibited under the level 2 standards for screening set forth in Ch. 435 (see above), unless an exemption from disqualification has been granted.
The agency may deny or revoke certification of any organization, agency, or entity if the applicant: (a) has falsely represented a material fact in the application required by items (5) or (6) just above, or has omitted any material fact from the application required by those provisions; or (b) has had prior action taken against the applicant under the Medicaid or Medicare program as set forth in item (5) just above.
An application for renewal of certification must contain the information required under items (5) and (6) just above.

Public employment.- Each employing agency must designate such of its positions of state employment which, because of the special trust or responsibility or sensitive location of such positions, require that persons occupying such positions be subject to a security background check, including fingerprinting, as a condition of employment (Sec. 110.1127(1)).

All positions within the Division of Treasury of the Department of Insurance are deemed to be positions of special trust or responsibility, and a person may be disqualified for employment in any such position by reason of (Sec. 110.1127(2)(a)):

The conviction or prior conviction of a crime that is reasonably related to the nature of the position sought or held; or
The entering of a plea of nolo contendere or, when a jury verdict of guilty is rendered but adjudication of guilt is withheld, with respect to a crime that is reasonably related to the nature of the position sought or held.

All employees of the division will be required to undergo security background investigations, including fingerprinting, as a condition of employment and continued employment (Sec. 110.1127(2)(b)).

All positions in programs providing care to children, the developmentally disabled, disabled adults, or elderly persons for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility, and require employment screening pursuant to Ch. 435 (above), using level 2 standards (Sec. 110.1127(3)(a)).

The employing agency may grant exemptions from disqualification from working with children, the developmentally disabled, disabled adults, or elderly persons as provided in Sec. 435.07 above (Sec. 110.1127(3)(b)).

All persons and employees in such positions of trust or responsibility will be required to undergo security background investigations as a condition of employment and continued employment (Sec. 110.1127(3)(c)).

It is a misdemeanor of the first degree for any person willfully, knowingly, or intentionally to (Sec. 110.1127(3)(d)):

Fail, by fraudulent means, to disclose in any application for employment a material fact used in making a determination as to such person's qualifications for a position of special trust;
Use records information for purposes other than screening for employment or release records information to other persons for purposes other than screening for employment.

It is a felony of the third degree for any person willfully, knowingly, or intentionally to use juvenile records information for any purposes other than specified in this section or to release such information to other persons for purposes other than specified in this section (Sec. 110.1127(3)(e)).

Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints will be disqualified for employment in such position or, if employed, will be dismissed (Sec. 110.1127(4)).

Such background investigations must be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment must be taken by the employing agency or by an authorized law enforcement officer and submitted to the FDLE for processing and forwarding, when requested by the employing agency, to the U.S. Department of Justice for processing. The employing agency must reimburse the FDLE for any costs incurred by it in the processing of the fingerprints (Sec. 110.1127(5)).

Fire safety inspectors.- Every fire safety inspector must (Sec. 633.081(2)):

Not have been found guilty of, or have pled guilty or nolo contendere to, a felony or a crime punishable by imprisonment of one year or more under the law of the United States, or of any U.S. state, which involves moral turpitude, without regard to whether a judgment of conviction has been entered by the court;
Have her or his fingerprints on file with the department or with an agency designated by the department;
Have good moral character as determined by the department.

The State Fire Marshal may deny, refuse to renew, suspend, or revoke the certificate of a fire safety inspector or special state fire safety inspector if it finds that any of the following grounds exist (Sec. 633.081(6)):

Any cause for which issuance of a certificate could have been refused had it then existed and been known to the State Fire Marshal.
Violation of any provision of Ch. 633 (Fire Prevention and Control) or any rule or order of the State Fire Marshal.
Falsification of records relating to the certificate.
Having been found guilty of or having pleaded guilty or nolo contendere to a felony, whether or not a judgment of conviction has been entered.

Firefighters.- Any person applying for employment as a firefighter must (Sec. 633.34):

Neither have been convicted of a felony or of a misdemeanor directly related to the position of employment sought, nor have pled nolo contendere to any charge of a felony. If an applicant has been convicted of a felony, such applicant must be in compliance with Sec. 112.011(2)(b). If an applicant has been convicted of a misdemeanor directly related to the position of employment sought, such applicant will be excluded from employment for a period of four years after expiration of sentence. If the sentence is suspended or adjudication is withheld in a felony charge or in a misdemeanor directly related to the position or employment sought and a period of probation is imposed, the applicant must have been released from probation.
Submit a fingerprint card to the division with a current processing fee. The fingerprint card will be forwarded to the FDLE and/or the FBI.
Have a good moral character as determined by investigation under procedure established by the division.

Law enforcement and corrections officers.- On or after October 1, 1984, any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer or correctional officer; on or after October 1, 1986, any person employed as a full-time, part-time, or auxiliary correctional probation officer; and on or after October 1, 1986, any person employed as a full-time, part-time, or auxiliary correctional officer by a private entity under contract to the Department of Corrections, to a county commission, or to the Correctional Privatization Commission must, among other things (Sec. 943.13):

Not have been convicted of any felony or of a misdemeanor involving perjury or a false statement, or have received a dishonorable discharge from any of the U.S. Armed Forces. Any person who, after July 1, 1981, pleads guilty or nolo contendere to or is found guilty of any felony or of a misdemeanor involving perjury or a false statement is not eligible for employment or appointment as an officer, notwithstanding suspension of sentence or withholding of adjudication. Notwithstanding this subsection, any person who has pled nolo contendere to a misdemeanor involving a false statement, prior to December 1, 1985, and has had such record sealed or expunged will not be deemed ineligible for employment or appointment as an officer.
Have documentation of his or her processed fingerprints on file with the employing agency or, if a private correctional officer, have documentation of his or her processed fingerprints on file with the Department of Corrections or the Criminal Justice Standards and Training Commission. If administrative delays are caused by the department or the FBI and the person has complied with Sec. 943.13(1)-(4) and (6)-(9), he or she may be employed or appointed for a period not to exceed one calendar year from the date he or she was employed or appointed or until return of the processed fingerprints documenting noncompliance with Sec. 943.13(1)-(4) or (7), whichever occurs first.
Have a good moral character as determined by a background investigation under procedures established by the commission.
Execute and submit to the employing agency or, if a private correctional officer, submit to the appropriate governmental entity an affidavit-of-applicant form, adopted by the commission, attesting to his or her compliance with Sec. 943.13(1)-(7). The affidavit must be retained by the employing agency.

Each criminal justice training school that offers law enforcement, correctional, or correctional probation officer basic recruit training, or selection center that provides applicant screening for criminal justice training schools, must conduct a criminal history background check of an applicant prior to entrance into the basic recruit class. A complete set of fingerprints must be taken by an authorized criminal justice agency or by an employee of the criminal justice training school or selection center who is trained to take fingerprints. The criminal justice training school or selection center must submit the fingerprints to the FDLE for a statewide criminal history check, and forward the fingerprints to the FBI for a national criminal history check. Applicants found through fingerprint processing to have pled guilty to or been convicted of a crime that would render the applicant unable to meet the minimum qualifications for employment as an officer as specified in Sec. 943.13(4) must be removed from the pool of qualified candidates by the criminal justice training school or selection center (Sec. 943.14(8), as added by H. 1481, L. 2000, effective January 1, 2001).

Any full-time, part-time, or auxiliary law enforcement or correctional officer duly certified by the commission and employed or appointed as of September 30, 1984, and any correctional probation officer employed or appointed as of September 30, 1986, and any correctional probation officer employed in an institution as of September 30, 1989, is not required to comply with Sec. 943.13(5) (see item (2) just above) and (8) (see item (4) just above) as a condition of continued employment or appointment with his or her current employing agency (Sec. 943.19(1)).

Nothing contained in this section or Sec. 943.13 above will prohibit the employment or appointment of an officer who was previously exempted from Sec. 943.13(3) or (4) (see item (1) just above) (Sec. 943.19(2)).

Except as provided in Sec. 943.19(2) above, an officer duly certified by the commission must comply with Sec. 943.13 above upon a subsequent employment or appointment (Sec. 943.19(3)).

The commission is authorized to issue an appropriate employment or appointment certificate to any correctional probation officer who is employed as a correctional probation officer on September 30, 1986 (Sec. 943.19(4)).

Financial institutions.- It is not unlawful for any person to provide employment information to a financial institution or a financial institution regulatory agency, or to any person providing employment information to a financial institution or a financial institution regulatory agency, about an employee's, or former employee's, known or suspected involvement in a violation of any state or federal law, rule, or regulation that has been reported to state or federal authorities. A person is not civilly liable for providing such employment information unless the information provided is false and the person providing the information does so with reckless disregard for the truth (Sec. 655.51).

Seaport security.- A fingerprint-based criminal history check must be performed on any applicant for employment, every current employee and other persons as designated pursuant to the seaport security plan for each seaport. The check must be performed in connection with employment within or other authorized regular access to a restricted access area or the entire seaport if the seaport security plan does not designate one or more restricted access areas. With respect to employees or others with regular access, such checks must be performed at least once every five years or at other more frequent intervals as provided by the seaport security plan. Each individual subject to the check must file a complete set of fingerprints taken in a manner required by the Department of Law Enforcement and the seaport security plan. Fingerprints will be submitted to the department for state processing and to the FBI for federal processing. The results of each fingerprint-based check must be reported to the requesting seaport. The costs of the check must be paid by the seaport or other employing entity or by the person checked (Sec. 311.12, as amended by Ch. 2001-112 (S. 978), L. 2001, effective May 31, 2001).

In addition to other requirements for employment or access established by each seaport pursuant to its seaport security plan, each seaport security plan must provide that (Sec. 311.12, as amended by Ch. 2003-96 (S. 1616), L. 2003):

Any person who has within the past seven years been convicted for a forcible felony; an act of terrorism; planting of a hoax bomb; any violation involving the manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a weapon of mass destruction or hoax weapon of mass destruction; dealing in stolen property; any violation of Sec. 893.135; any violation involving the sale, manufacturing, delivery or possession with intent to sell, manufacture or deliver a controlled substance; burglary; robbery; any felony violation of Sec. 812.014; any violation of Sec. 790.07; any crime an element of which includes use or possession of a firearm; any conviction for any similar offenses under the laws of another jurisdiction; or conviction for conspiracy to commit any of the listed offenses shall not be qualified for initial employment within or regular access to a seaport or restricted access area; and
Any person who has at any time been convicted for any of the listed offenses shall not be qualified for initial employment within or authorized regular access to a seaport or restricted access area unless, after release from incarceration and any supervision imposed as a sentence, the person remained free from a subsequent conviction, regardless of whether adjudication was withheld, for any of the listed offenses for a period of at least seven years prior to the employment or access date under consideration.

By October 1 of each year, each seaport must report to the Department of Law Enforcement each determination of denial of employment or access, and any determination to authorize employment or access after an appeal of a denial made during the previous 12 months (Sec. 311.12, as amended by Ch. 2003-96 (S. 1616), L. 2003).

Water management district employees.- A water management district that has structures or facilities identified as critical infrastructure by the Regional Domestic Security Task Force created pursuant to Sec. 943.0312 shall conduct a fingerprint-based criminal history check for any current or prospective employee and other persons designated pursuant tot he water management district's security plan for buildings, facilities, and structures if those persons are allowed regular access to those buildings, facilities, or structures defined in the water management district's security plan as restricted access areas (Sec. 373.6055(1), as added by Ch. 2005-121 (H. 473), L. 2005).

A water management district that has structures or facilities that are not identified as critical infrastructure by the Regional Domestic Security Task Force may conduct a fingerprint-based criminal history check for any current or prospective employee and others designated pursuant to the water management district's security plan for buildings, facilities, and structures if those persons are allowed regular access to critical buildings, facilities, or structures defined in the water management district's security plan as restricted access areas (Sec. 373.6055(2), as added by Ch. 2005-121 (H. 473), L. 2005).

The fingerprint-based criminal history check shall be performed on any person described in Sec. 373.6055(1) pursuant to the applicable water management district's security plan for buildings, facilities, and structures. With respect to employees or others with regular access, such checks shall be performed at least once every five years or at other more frequent intervals as provided by the water management district's security plan for buildings, facilities, and structures. Each individual subject to the criminal history check shall file a complete set of fingerprints which are taken in a manner required by the Department of Law Enforcement and the water management district security plan. Fingerprints shall be submitted to the Department of Law Enforcement for state processing and to the FBI for federal processing. The results of each fingerprint-based check shall be reported to the requesting water management district. The costs of the checks, consistent with Sec. 943.053(3), shall be paid by the water management district or other employing entity or by the individual checked (Sec. 373.6055(3)(a), as added by Ch. 2005-121 (H. 473), L. 2005).

Each water management district's security plan for buildings, facilities, and structures shall identify criminal convictions or other criminal history factors which shall disqualify a person from initial employment or authorization for regular access to buildings, facilities, or structures defined in the water management district's security plan as restricted access areas. Such factors shall be used to disqualify all applicants for employment or others seeking regular access to buildings, facilities or structures defined in the water management district's security plan as restricted access areas on or after the effective date of the water management district's security plan for buildings, facilities, and structures, and may be used to disqualify all those employed or authorized for regular access as of that date. Each water management district may establish a procedure to appeal a denial of employment or access based upon procedural inaccuracies or discrepancies regarding criminal history factors established pursuant to this paragraph. A water management district may allow waivers on a temporary basis to meet special or emergency needs of the water management district or its users. Policies, procedures, and criteria for implementation of this subsection shall be included in the water management district's security plan for buildings, facilities, and structures (Sec. 373.6055(3)(b), as added by Ch. 2005-121 (H. 473), L. 2005).

In addition to other requirements for employment or access established by any water management district pursuant to its water management district's security plan for buildings, facilities, and structures, each water management district's security plan shall provide that (Sec. 373.6055(3)(c), as added by Ch. 2005-121 (H. 473), L. 2005):

Any person who has within the past seven years been convicted, regardless of whether adjudication was withheld, for a forcible felony; an act of terrorism; planting of a hoax bomb; any violation involving the manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a weapon of mass destruction or hoax weapon of mass destruction; dealing in stolen property; any violation of Sec. 893.135; any violation involving the sale, manufacturing, delivery, or possession with intent to sell, manufacture, or deliver a controlled substance; burglary; robbery; any felony violation of Sec. 812.014; any violation of Sec. 790.07; any crime an element of which includes use or possession of a firearm; any conviction for any similar offenses under the laws of another jurisdiction; or conviction for conspiracy to commit any of the listed offenses may not be qualified for initial employment within or authorized regular access to buildings, facilities, or structures defined in the water management district's security plan as restricted access areas.
Any person who has at any time been convicted of any of the offenses listed in subparagraph 1. may not be qualified for initial employment within or authorized regular access to buildings, facilities, or structures defined in the water management district's security plan as restricted access areas unless, after release from incarceration and any supervision imposed as a sentence, the person remained free from a subsequent conviction, regardless of whether adjudication was withheld, for any of the listed offenses for a period of at least seven years prior to the employment or access date under consideration.

County and municipal employees and contractors.- Notwithstanding Ch. 435, a county may require, by ordinance, employment screening for any position of county employment or appointment which the governing body of the county finds is critical to security or public safety, or for any private contractor, employee of a private contractor, vendor, repair person, or delivery person who has access to any public facility or publicly operated facility that the governing body of the county finds is critical to security or public safety. The ordinance must require each person applying for, or continuing employment in, any such position or having access to any such facility to be fingerprinted. The fingerprints must be submitted to the Department of Law Enforcement for a state criminal history record check and to the FBI for a national criminal history record check. The information obtained from the criminal history record checks conducted pursuant to the ordinance may be used by the county to determine an applicant's eligibility for employment or appointment and to determine an employee's eligibility for continued employment (Sec. 1, Ch. 2002-169 (S. 954), L. 2002, effective April 24, 2002).

Notwithstanding Ch. 435, a municipality may require, by ordinance, employment screening for any position of municipal employment or appointment which the governing body of the municipality finds is critical to security or public safety, or for any private contractor, employee of a private contractor, vendor, repair person, or delivery person who has access to any public facility or publicly operated facility that the governing body of the municipality finds is critical to security or public safety. The ordinance must require each person applying for, or continuing employment in, any such position or having access to any such facility to be fingerprinted. The fingerprints must be submitted to the Department of Law Enforcement for a state criminal history record check and to the FBI for a national criminal history record check. The information obtained from these checks may be used by the municipality to determine an applicant's eligibility for employment or appointment and to determine an employee's eligibility for continued employment (Sec. 2, Ch. 2002-169 (S. 954), L. 2002, effective April 24, 2002).

Sealing of records.- A criminal history record of a minor or an adult that is ordered sealed by a court of competent jurisdiction pursuant to this section is confidential and exempt from the provisions of Sec. 119.07(1) of the state's public records law and Sec. 24(a), Art. I of the State Constitution and is available only to the person who is the subject of the record, to the subject's attorney, to criminal justice agencies for their respective criminal justice purposes, or to those entities set forth below for their respective licensing and employment purposes (Sec. 943.059(4), as amended by Ch. 3 (H. 1043), L. 1999; Ch. 188 (H. 121), L. 1999; Ch. 300 (H. 391), L. 1999; and Ch. 304 (H. 869), L. 1999).

The subject of a sealed criminal history record may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record is a candidate for employment with a criminal justice agency or a candidate for admission to The Florida Bar; is seeking to be employed or licensed by or to contract with the Department of Children and Family Services or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly; or is seeking to be employed or licensed by the Department of Education, Certification, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities (Sec. 943.059(4)(a), as amended by Ch. 2004-295 (S. 2986), L. 2004).

Information relating to the existence of a sealed criminal record provided in accordance with Sec. 943.059(4)(a) above is confidential and exempt from Sec. 119.07(1) of the state's public records law and Sec. 24(a), Art. I of the State Constitution, except that the department may disclose the sealed criminal history record to the entities set forth just above for their respective licensing and employment purposes. It is unlawful for any employee of such an entity to disclose information relating to the existence of a sealed criminal history record of a person seeking employment or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment or licensure decisions. Any person who violates these provisions commits a misdemeanor of the first degree (Sec. 943.059(4)(c), as amended by Ch. 3 (H. 1043), L. 1999; Ch. 188 (H. 121), L. 1999; Ch. 300 (H. 391), L. 1999; and Ch. 304 (H. 869), L. 1999).

National Crime Prevention and Privacy Compact.- The state has adopted the National Crime Prevention and Privacy Compact in order to facilitate the authorized interstate exchange of criminal history information for noncriminal justice purposes, including, but not limited to, background checks for the licensing and screening of employees and volunteers under the National Child Protection Act of 1993 (Sec. 943.0543).

Toll enforcement officers.- Toll enforcement officers shall be subject to a security background check as a condition of employment pursuant to Sec. 110.1127 (Rule No. 14–100.001, effective January 16, 2003).

Alarm systems.- A licensed electrical or alarm system contractor may not employ a person to perform the duties of a burglar alarm system agent unless, among other things, the person has not been convicted within the last three years of a crime that directly relates to the business for which employment is being sought. To ensure that this requirement has been met, a completed fingerprint and criminal background check must be obtained from the Florida Department of Law on applicants and current employees as of July 1, 2004. There are limited exceptions for employees who monitor out-of-state locations only and employers that do not offer contracting services to the public. Employees may work up to 90 days pending the completion of the background check, however, if they fail to receive a satisfactory criminal background check they must be terminated immediately (Sec. 489.518, as amended by Ch. 2004-76 (S. 562), L. 2004, effective July 1, 2004).

The same requirements exist for fire alarm system agents (Sec. 489.5185, as amended by Ch. 2004-76 (S. 562), L. 2004, effective July 1, 2004). Additionally, each licensed electrical or alarm system contractor must obtain an updated criminal background check from the Department of Law Enforcement for each fire alarm system agent who renews certification (Sec. 489.5185(e), as added by Ch. 2004-76 (S. 562) ), L. 2004, effective July 1, 2004).

Guardians.- The court may require a nonprofessional guardian and shall require a professional or public guardian, and all employees of a professional guardian who have a fiduciary responsibility to a ward, to submit, at their own expense, to an investigation of the guardian's credit history and to undergo level 2 background screening as required under Sec. 435.04. If a credit or criminal history record check is required, the court must consider the results of any investigation before appointing a guardian. At any time, the court may require a guardian or the guardian's employees to submit to an investigation of the person's credit history and complete a level 1 background screening as set forth in Sec. 435.03. The court shall consider the results of any investigation when reappointing a guardian. The clerk of the court shall maintain a file on each guardian appointed by the court and retain in the file documentation of the result of any investigation conducted under this section (Sec. 744.3135(1)).

A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, a level 2 background screening as set forth in Sec. 435.04 before and at least once every five years after the date the guardian is registered. A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, a level 1 background screening as set forth in Sec. 435.03 at least once every two years after the date the guardian is registered. However, a professional guardian is not required to resubmit fingerprints for a criminal history record check if he or she has been screened using electronic fingerprinting equipment and the fingerprints are retained by the Department of Law Enforcement in order to notify the clerk of the court of any crime charged against the person in this state or elsewhere, as appropriate (Sec. 744.3135(4), as amended by Ch. 2007-127 (H. 7111), L. 2007).

A professional guardian, and each employee of a professional guardian who has a fiduciary responsibility to a ward, must complete, at his or her own expense, an investigation of his or her credit history before and at least once every two years after the date of the guardian's registration with the Statewide Public Guardianship Office (Sec. 744.3135(5), as amended by Ch. 2007-127 (H. 7111), L. 2007).

The requirements of this section do not apply to a professional guardian, or to the employees of a professional guardian, that is a trust company, a state banking corporation or state savings association authorized and qualified to exercise fiduciary powers in this state, or a national banking association or federal savings and loan association authorized and qualified to exercise fiduciary powers in this state (Sec. 744.3135(7), as amended by Ch. 2007-127 (H. 7111), L. 2007).

High School to Business Career Enhancement Program.- Any employees or contracted personnel of an employer under this section who have direct unsupervised access to student interns shall be subject to the level 2 background screening requirements as described in Sec. 1012.32. The cost of the state and national criminal history check required by level 2 background screening must be borne by the employer (Sec. 1003.496, as added by Ch. 2007-122 (H. 1161), L. 2007).

Job reference liability.- An employer who discloses information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee is immune from civil liability for such disclosure or its consequences, unless it is shown by clear and convincing evidence that the information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under Florida's civil rights law (see ¶10-2500 ) (Sec. 768.095, as amended by Ch. 225 (H. 775), L. 1999, effective October 1, 1999).

Law enforcement.- When a law enforcement officer, correctional officer, or correctional probation officer, or an agent thereof, is conducting a background investigation of an applicant for temporary or permanent employment or appointment as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer with an employing agency, the applicant's current or former employer, or the employer's agent, must provide to the officer or his or her agent conducting the background investigation employment information (see definition below) concerning the applicant. The investigating officer or his or her agent must present to the employer from whom the information is being sought credentials demonstrating the investigating officer's employment with the employing agency and an authorization form for release of information that is designed and approved by the Criminal Justice Standards and Training Commission (Sec. 1, Ch. 2001-94 (S. 252), L. 2001, effective May 31, 2001).

The authorization form for release of information must (Sec. 1, Ch. 2001-94 (S. 252), L. 2001, effective May 31, 2001):

be either the original authorization or a copy or facsimile of the original authorization;
have been executed by the applicant no more than one year before the request;
contain a statement that the authorization has been specifically furnished to the employing agency presenting the authorization; and
bear the authorized signature of the applicant.

This section does not require an employer to maintain employment information other than that kept in the ordinary course of business (Sec. 1, Ch. 2001-94 (S. 252), L. 2001, effective May 31, 2001).

If an employer refuses to disclose information to an employing agency in accordance with this section, the employing agency has grounds for a civil action for injunctive relief requiring disclosure by the employer (Sec. 1, Ch. 2001-94 (S. 252), L. 2001, effective May 31, 2001).

An employer who discloses employment information under this section is immune from civil liability for such disclosure or its consequences as provided in Sec. 768.095 (see above) (Sec. 1, Ch. 2001-94 (S. 252), L. 2001, effective May 31, 2001).

An employer may charge a reasonable fee to cover the actual costs incurred by the employer in copying and furnishing documents to an employing agency as required by this section (Sec. 1, Ch. 2001-94 (S. 252), L. 2001, effective May 31, 2001).

“Employment information” includes, but is not limited to, written information relating to job applications, performance evaluations, attendance records, disciplinary matters, reasons for termination, eligibility for rehire, and other information relevant to an officer's performance, except information that any other state or federal law prohibits disclosing or information that is subject to a legally recognized privilege the employer is otherwise entitled to invoke (Sec. 1, Ch. 2001-94 (S. 252), L. 2001, effective May 31, 2001).

<p>“Employment information” includes, but is not limited to, written information relating to job applications, performance evaluations, attendance records, discipl</p>

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