Florida Legislation Requiring Level 2 Background Checks Ensures Safety of The Vulnerable

TALLAHASSEE, Fla. — Governor Charlie Crist applauded new enhanced background screening procedures for individuals who work with vulnerable Floridians, such as children, senior citizens and persons with disabilities. To prepare for the law becoming effective on August 1, 2010 the Department of Children and Families (DCF) launched a Web site providing information on the new requirements. The Agency for Health Care Administration (AHCA) also maintains a Web site and is working with associations and providers to ensure they understand that all background screening requests must be submitted electronically through a vendor approved through the Florida Department of Law Enforcement.

The safety, security and well-being of children, elders and persons with disabilities is of the utmost importance, which is why we must be absolutely sure that those entrusted with their care are trustworthy and responsible,” said Governor Crist. “I am confident enhanced screening measures of those who work with these vulnerable populations is an added protection that will enhance public safety statewide.

House Bill 7069, signed by Governor Crist earlier this year, requires employees to pass both a state and federal fingerprint screening, equivalent to a level 2 background check, before beginning work with elderly, children and persons with disabilities in certain care settings. Health care employees working in residential or home care settings must have a Level 2 screening before having contact with clients, or having access to client property, funds or living areas.

DCF’s Web site, www.dcfbackgroundscreening.com, provides clarifying details about who needs to be screened, how to contact DCF regional coordinators, and answers to frequently asked questions.

“We must help our front-line care providers understand the significant changes that will transform their day-to-day business operations,” said DCF Secretary George Sheldon. “The Web site is a helpful tool to help answer questions about how this new law will better protect our most vulnerable citizens.”

The legislation also requires that fingerprints be submitted in an electronic format to the Florida Department of Law Enforcement by July 1, 2012. Electronic fingerprints go into effect for providers licensed by AHCA and DCF as of August 1, 2010.

“We are focused on helping providers hire the right staff quickly and efficiently to ensure they can provide necessary care to their clients,” said AHCA Secretary Thomas W. Arnold. “The electronic processing of fingerprints will expedite this process while providing important protections for those who need their services.”

AHCA’s Web site, ahca.myflorida.com provides similar information regarding who must be screened, as well as those vendors available to process electronic fingerprints. AHCA has also contracted with Cogent Systems as an option to provide electronic fingerprinting services. Cogent Systems is a leading provider of Automated Fingerprint Identification Systems. It has statewide locations and will expand to additional sites by August 1, 2010. However, health care providers have the flexibility to choose any vendor or conduct their own electronic scanning in accordance with FDLE standards. For more information regarding background screening electronic fingerprint provider options, visit the FDLE site at www.fdle.state.fl.us.

The law also contains other safeguards such as requiring some former felons to wait three years before applying for an exemption and working with these populations. Additionally, it gives select executive agency heads the authority to revoke and deny these exemptions for certain disqualifying offenses. It also prevents anyone designated as a sexual predator, sexual offender or career offender from being able to get an exemption to work with these vulnerable citizens.

In October 2009, Governor Crist convened select state agencies charged with reviewing legal requirements for screening individuals who provide care to children, the elderly and persons with disabilities to review current background-screening policies. The group’s findings were presented to the Governor in November 2009 and then presented to the Florida Legislature for consideration. The new legislation reflects the recommendations of the group.

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  • http://twitter.com/MyIdentico Identico, LLC

    We conduct level 2 pre-employment screening  for healthcare facilities and real estate agents. Check out our site, http://www.myidentico.com/ 

  • Pch98

    Yes.  This law is being misused by DCF to disqualify individuals who’ve provided exemplary service to vulnerable populations and to deny employment to those who’ve been arrested as far as 10 to 20 years ago on minor charges such as possession of marijuana. No consideration is given to those who’ve had no legal charges in multiple years and have successfully rehabilitated themselves.  You can be charged with possession of marijuana at age 15 and had the charges dropped because you followed court recommendations then and today at age 42 with no violations for over 20 years, be denied employment in the field you’ve worked in for 18 years despite no history of employer or client grievances.

  • Beautifulluvjr

    to govenor christ or whoever people make mistakes, some continue and others learn from them. I was with a company for years faithful service company was paying for me to continue my education for this field (cook/dietary aide)my continuing education was cdm (certifeid dietary manager). But becauze of this new law I am now unemployed. I think this law should be reconsidered not all of us are continuing offenders and like myzelf have proven that I (we) have been rehibilitated. Because of this law is one of the reason our unemployment rate is so high, rather small reason or big one this law is one of the reasons.

    • Sharon Bridgewater

      Dear
      Governor Rick Scott, I am Sharon Bridgewater who is seeking an exemption for

      employment at “Hibiscus
      Children’s Center” in Vero Beach, Florida. The Company is willing to

      hire myself, but after the
      level two backgrounds screening shows that I was disqualify because of

      the three year waiting
      period in which the incident was committed in 2007. Enclosed within the

      package entire information
      that is needed for examine for exemption. My husband is disable and

      also my son who is seven.
      The incident that was committed in which is included into the package

      shows I have successfully
      completed entire commitments. I have the qualification for

      employment and willing to
      work, but cannot because of the exemption status.  

                  Governor Rick Scoot, I would appreciate if you could
      examine my package and consider

      exemption that I can work;
      so I can help me and my family. Also included within the package

      Degree (BSHS). Also your
      “Campaign Slogan” states your first obligation was to help get

      shows were I have completed
      an Associate Degree and furthering education toward Bachelor

      America back to work, would
      you please consider an exemption so I can work. I am looking

      forward for hearing from
      you.

       

  • singlemominstress

    Yes, this so unfair i’m a single mother i was in a abusive relationship! With my ex-boyfriend he messed up my record and tried to mess up my life! I’m now unemployed with child since August 2010 when my child was born i took a cna (certified nursing assisting) class! I have worked in that field for the pass ten years i have a child with a hearing lost its been tough! Please  Governor Crist reconsider House Bill 7069?  

  • Lostinparadiseme

    I have a misdemeanor marijuana and felony charge( aggravated assault burglary charge.) The charges were dismissed. 16 years ago. will  i be able to pass a level 2 background for employment ?

    • http://www.bestbackgroundcheck.org/ davejordan

      Can’t say for sure. However, most employment background check companies check court records up to 7 years back, and depending on the situation, up to 10 years back.

  • norlie

    please tell me, how and where can i get my LEVEL 2 BACKGROUND SCREENING,where.

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