Background Screening

Determine whether the Applicant is a Direct Service Provider

Employer:   

Review s. 430.0402, Florida Statutes,  located at this website address: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search
_String=&URL= 0400-0499/0430/ Sections/0430.0402.html, to determine whether the Applicant meets the definition of a direct service provider. 

NOT a Direct Service Provider:  If the Applicant is not determined to be a direct service provider, you should document your determination in the Applicant’s file.  The process is complete for this Applicant.

IS a Direct Service Provider:  If the Applicant is determined to be a direct service provider, download the Affidavit of Compliance - Employee form located here: http://elderaffairs.state.fl.us/doea/backgroundscreening.php, and go to STEP 2.

Complete the Affidavit of Compliance - Employee Form

Applicant:          

1. Complete the first two sections of the Affidavit of Compliance - Employee form (the “Affidavit” form) including a review of the list of disqualifying offenses.  For section three, determine whether you qualify for any of the listed exceptions.  Direct service providers do not have to undergo level 2 background screening through the Department if one of the following exceptions is met:

   1. DOH Exception: A physician, nurse, or other professional licensed by the Department of Health (“DOH”) who has undergone level 2 background screening as part of their licensure, if they are providing a service within the scope of their licensed practice. Verification of licensure status from the DOH is available from its website located here: http://ww2.doh.state.fl.us/IRM00PRAES/PRASLIST.ASP.

   2. Attorney Exception: Attorneys in good standing with the Florida Bar, if they are providing a service within the scope of their licensed practice. This determination can be made by entering the attorney’s name in the “Find a Lawyer” tab at the Florida Bar’s website located at this address: http://www.floridabar.org.

   3. Relatives of the Client: An individual who is the father, mother, stepfather, stepmother, son, daughter, brother, sister, grandmother, grandfather, great-grandmother, great-grandfather, grandson, granddaughter, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister of the client.

   4. Volunteers: Volunteers who assist for less than 20 hours per month and who are not listed on the FDLE Career Offender Search database or the Dru Sjodin National Sex Offender Public Website. The Employer is responsible for verifying that the volunteer is not listed in either database. If the individual’s name appears in either database, the individual is not eligible for an exception and must undergo level 2 screening by the Department. The FDLE Career Offender database is located at http://www.fdle.state.fl.us/coflyer/home.asp, and The Dru Sjodin Website is located at http://www.nsopw.gov/Core/Conditions.aspx?
      AspxAutoDetectCookieSupport=1.

   5. AHCA Exception: Individuals qualified for licensure or employment by AHCA within the previous five years pursuant to AHCA’s level 2 background screening standards under s. 408.809, F.S., if the individual is providing a service within the scope of their license or employment. Verification of the qualification for licensure or employment may be evidenced by a copy of either the AHCA eligibility status final determination screen shot located at this website address: http://ahca.myflorida.com/MCHQ/Long_Term_Care/
      Background_Screening/index.shtml, or the individual’s final determination letter from AHCA.

2. If the Applicant IS claiming that he or she qualifies for an exception to level 2 background screening, the Applicant is not required to undergo background screening through the Department, and the Applicant must sign the attestation in section four of the Affidavit form.  The background screening process is complete for this Applicant.

        If the Applicant IS NOT claiming that he or she qualifies for an exception, then the Applicant must complete level 2 background screening through the Department.  Proceed to STEP 3 below.

Employer:  The Employer must obtain and verify the authenticity and accuracy of any documentation required as evidence of an Applicant’s qualification for an exception.  The completed and signed Affidavit form must be kept with the Applicant’s file.

Complete Fingerprinting

Employer:  Go to the background screening home page and download the appropriate Appointment Form.  Complete the requested employer information including a contact telephone number and email address.

Applicant:  Upon receiving the Appointment Form from the Employer, complete the applicant information including your date of birth and the last four digits of your Social Security number.  Take the form to a LiveScan fingerprinting vendor and complete the fingerprinting process.  Click here for a list of LiveScan vendors serving Florida. The LiveScan vendor must complete the “Screener” section of the form, including providing the TCN number.

Return the Completed Appointment Form

As soon as you have finished having your fingerprints taken, return the completed Appointment Form to the employer who requested the screening.

The employer must scan/email, fax, or mail the completed Appointment Form to the Department.

The Department’s contact information is provided in the Appointment Form.  The employer will be notified if forms are incomplete and cannot be processed. Please wait at least 10 business days after completing STEP 4 before contacting the Department regarding the status of a background screening.

Final Steps

The Department will notify both the Applicant and the Employer upon review of the screening results from the FBI/Florida Department of Law Enforcement.  Once an Applicant has been determined qualified for service by the Department, the Applicant must sign the attestation section of the Affidavit of Compliance - Employee form.  The Employer must keep the completed Affidavit form in the Applicant’s file.