Criminal History Record Check:
The term "background check" has been used interchangeably with "criminal history check" or "criminal history background check" which has caused some confusion. From the FDLE perspective, a background check is a criminal history record check to determine if a person has been arrested and/or convicted of a crime. Although some companies use the phrase "background check" to include driver's record checks, credit checks, or interviews with neighbors and employers, for FDLE purposes, it includes a search of the following databases:
- The Florida Computerized Criminal History Central Repository for Florida arrests (state check).
- The Florida Computerized Criminal History Central Repository for Florida arrests AND the national criminal history database at the FBI for federal arrests and arrests from other states (state and national check).
- The Florida Crime Information Center for warrants and domestic violence injunctions (warrant files check).
The national record check is based on the submission of fingerprints. For state record checks, submissions may be based on a name (and other descriptors) or fingerprints.
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Level 1 and Level 2 Criminal History Record Checks:
Level 1 and Level 2 Criminal History Record Checks are terms used in Florida Statutes to convey the method of the criminal history record check and the extent of the data searched; however, the terms may also refer to certain disqualifying offenses if certain statutes are used as reference. Level 1 and Level 2 are terms that pertain only to Florida and are not used by the FBI or other states. They are defined in Chapter 435, F.S., but are used elsewhere in statute without definition and appear not to be associated with all of the provisions in Chapter 435.
- Level 1: a state-only name-based check.
- Level 2: a state and national fingerprint-based check and consideration of disqualifying offenses and applies to those employees designated by law as holding positions of responsibility or trust. Section 435.04, mandates that Level 2 background security investigations be conducted on employees, defined as individuals required by law to be fingerprinted pursuant to Chapter 435.
Civil Workflow Control System (CWCS)
The Civil Workflow Control System (CWCS), pronounced "QUICKS", is an automated system used to receive, process, and respond to electronic applicant submissions. Processing that once took several weeks with fingerprint cards now is usually processed in up to 3 business days with electronic submissions. CWCS allows different types of applicants to be scanned on a single device and allows input from a variety of live scan devices that adhere to FDLE and FBI standards and requirements.
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Qualified Entity
Refers to a business or organization, whether public, private, for profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services.
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Child
Any person who:
- is unmarried and less than 18 years of age
- has not been emancipated by order of the court
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Elderly Person
A person who is 60 years of age or older.
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Disabled Person
Refers to persons:
- with a mental or physical impairment or
- who require assistance to perform one or more daily living tasks
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Care
The provision of the following to children, the elderly, or the disabled:
- care
- treatment
- education
- training
- instruction
- supervision
- or recreation
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