Florida Criminal Records
In 1993, Florida Congress passed the National Child Protection Act (NCPA) that authorized criminal records checks for persons who work with children in either an employee or volunteer status. Then an amendment was added to this Act in 1994 to include elderly and disabled persons. It was again amended in 1998 under a bill proposed by Florida Representative Foley. The third amendment to this Act made it easier for people to obtain state and national criminal records information. Then in 1999, Florida’s Legislature passed a law that is consisted with the NCPA. Together, these laws worked to promote a broader exchange of criminal records and criminal history information. The ultimate purpose was to assist entities that provide care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities. The state and national criminal records checks will help screen volunteers and employees associated with these entities. Screenings of this nature will help prevent the abuse of those served by the entities.
Who can obtain Criminal Records Checks under the NCPA and section 943.0542 Florida Statutes?
The Florida Statute 943.0542 provides that a Volunteer and Employee Criminal records History Check (VECHS) be afforded to those entities that provide some type of “care” or “care placement services.” The service provided must be for children, the elderly, or the disabled, even if only as a limited part of the entity’s overall business. Entities that involve themselves in such are the ones who are qualified to get copies of Florida criminal records checks through the VECHS program.
Once qualified to participate in the program, an entity may request criminal records and criminal history information on all current and prospective employees and volunteers. Therefore, this means that criminal records checks are conducted on not only those employees who work with vulnerable persons. A qualified entity may also request criminal records information on employees or volunteers who have who seek to have unsupervised access to populations describing above.
As described under the NCPA and related federal guidelines, qualified entities are authorized to obtain Florida criminal records and criminal history information. Under the NCPA and the Florida statute, a “qualified entity” is 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. The term “care” encompasses all the provisions of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
Alternative Florida Criminal Records Checks to the VECHS Program
The VECHS program only applies to entities described above that seek to get or obtain copies of Florida criminal records on their employees or volunteers. Participation in the VECHS program is strictly voluntary.
For Florida organizations that do not fall under the description given above, a required criminal records check on their employees and volunteers can be obtained from the state central repository. These organizations may not request for criminal history information through the VECHS program as they are already afforded their own way of obtaining such information.
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