Fla. Stat. 456.0135
General background screening provisions

1(1)

An application for initial licensure received on or after January 1, 2013, under chapter 458, chapter 459, chapter 460, chapter 461, chapter 464, s. 465.022, part XIII of chapter 468, or chapter 480 shall include fingerprints pursuant to procedures established by the department through a vendor approved by the Department of Law Enforcement and fees imposed for the initial screening and retention of fingerprints. Fingerprints must be submitted electronically to the Department of Law Enforcement for state processing, and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for national processing. Each board, or the department if there is no board, shall screen the results to determine if an applicant meets licensure requirements. For any subsequent renewal of the applicant’s license that requires a national criminal history check, the department shall request the Department of Law Enforcement to forward the retained fingerprints of the applicant to the Federal Bureau of Investigation unless the fingerprints are enrolled in the national retained print arrest notification program.

(2)

All fingerprints submitted to the Department of Law Enforcement as required under subsection (1) shall be retained by the Department of Law Enforcement as provided under s. 943.05(2)(g) and (h) and (3) and enrolled in the national retained print arrest notification program at the Federal Bureau of Investigation when the Department of Law Enforcement begins participation in the program. The department shall notify the Department of Law Enforcement regarding any person whose fingerprints have been retained but who is no longer licensed.

(3)

The costs of fingerprint processing, including the cost for retaining fingerprints, shall be borne by the applicant subject to the background screening.

(4)

All fingerprints received under this section shall be entered into the Care Provider Background Screening Clearinghouse as provided in s. 435.12.

(5)

In addition to the offenses listed in s. 435.04, all persons required to undergo background screening under this section, other than those licensed under s. 465.022, must not have an arrest awaiting final disposition for, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record not have been sealed or expunged for an offense under s. 784.03 or any similar offense of another jurisdiction relating to battery, if the victim is a vulnerable adult as defined in s. 415.102 or a patient or resident of a facility licensed under chapter 395, chapter 400, or chapter 429.

Source: Section 456.0135 — General background screening provisions, https://www.­flsenate.­gov/Laws/Statutes/2024/0456.­0135 (accessed Aug. 7, 2025).

456.001
Definitions 456.002
Applicability 456.003
Legislative intent 456.004
Department 456.005
Long-range policy planning 456.006
Contacting boards through department 456.007
Board members 456.008
Accountability and liability of board members 456.009
Legal and investigative services 456.011
Boards 456.012
Board rules 456.013
Department 456.014
Public inspection of information required from applicants 456.015
Limited licenses 456.016
Use of professional testing services 456.017
Examinations 456.018
Penalty for theft or reproduction of an examination 456.019
Restriction on requirement of citizenship 456.021
Qualification of immigrants for examination to practice a licensed profession or occupation 456.022
Foreign-trained professionals 456.023
Exemption for certain out-of-state or foreign professionals 456.024
Members of Armed Forces and veterans 456.025
Fees 456.026
Annual report concerning finances, administrative complaints, disciplinary actions, and recommendations 456.027
Education 456.028
Consultation with postsecondary education boards prior to adoption of changes to training requirements 456.029
Education 456.031
Requirement for instruction on domestic violence 456.032
Hepatitis B or HIV carriers 456.033
Requirement for instruction for certain licensees on HIV and AIDS 456.035
Address of record 456.36
Health care professionals 456.036
Licenses 456.037
Business establishments 456.38
Practitioner registry for disasters and emergencies 456.038
Renewal and cancellation notices 456.039
Designated health care professionals 456.41
Complementary or alternative health care treatments 456.041
Practitioner profile 456.42
Written prescriptions for medicinal drugs 456.042
Practitioner profiles 456.43
Electronic prescribing for medicinal drugs 456.043
Practitioner profiles 456.44
Controlled substance prescribing 456.044
Practitioner profiles 456.045
Practitioner profiles 456.046
Practitioner profiles 456.47
Use of telehealth to provide services 456.048
Financial responsibility requirements for certain health care practitioners 456.049
Health care practitioners 456.50
Repeated medical malpractice 456.51
Consent for pelvic examinations 456.051
Reports of professional liability actions 456.52
Sex-reassignment prescriptions and procedures 456.052
Disclosure of financial interest by production 456.053
Financial arrangements between referring health care providers and providers of health care services 456.054
Kickbacks prohibited 456.055
Chiropractic and podiatric health care 456.056
Treatment of Medicare beneficiaries 456.057
Ownership and control of patient records 456.058
Disposition of records of deceased practitioners or practitioners relocating or terminating practice 456.059
Communications confidential 456.61
Use of free speech by a health care practitioner 456.061
Practitioner disclosure of confidential information 456.62
Communication of COVID-19 treatment alternatives 456.062
Advertisement by a health care practitioner of free or discounted services 456.063
Sexual misconduct 456.065
Unlicensed practice of a health care profession 456.066
Prosecution of criminal violations 456.067
Penalty for giving false information 456.068
Toll-free telephone number for reporting of complaints 456.069
Authority to inspect 456.071
Power to administer oaths, take depositions, and issue subpoenas 456.072
Grounds for discipline 456.073
Disciplinary proceedings 456.074
Certain health care practitioners 456.075
Criminal proceedings against licensees 456.076
Impaired practitioner programs 456.077
Authority to issue citations 456.078
Mediation 456.079
Disciplinary guidelines 456.081
Publication of information 456.082
Disclosure of confidential information 456.0135
General background screening provisions 456.0145
Mobile Opportunity by Interstate Licensure Endorsement (MOBILE) Act 456.0241
Temporary certificate for active duty military health care practitioners 456.0242
Office of Veteran Licensure Services 456.0301
Requirement for instruction on controlled substance prescribing 456.0341
Requirements for instruction on human trafficking 456.0361
Compliance with continuing education requirements 456.0391
Advanced practice registered nurses 456.0392
Prescription labeling 456.0495
Reporting adverse incidents occurring in planned out-of-hospital births 456.0496
Provision of information on eye and vision disorders to parents during planned out-of-hospital births 456.0575
Duty to notify patients 456.0635
Health care fraud 456.4501
Interstate Medical Licensure Compact 456.4502
Interstate Medical Licensure Compact 456.4503
Interstate Medical Licensure Compact Commission 456.4504
Interstate Medical Licensure Compact rules

Current through Fall 2025

§ 456.0135. Gen. background screening provisions's source at flsenate​.gov