Athletic Coaches Fingerprinting

Athletic Coaches Fingerprinting Discussion
Tuesday, December 17, 2024   10:00 AM - 11:30 AM (EST)
Register for FREE!
Everyone is welcome to attend this free virtual chat for some discussion and sharing about the new legislation surrounding youth athletic coaches and screening procedures. Bring your questions, ideas, current policies, and plans to share, or just join us to listen to what others may be doing. If you have any pre-questions you'd like to share, please e-mail them to charla@frpa.org. This session will be recorded but determination will be made afterwards whether or not it will be shared out so you will not want to miss it.

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What to Know About the New Law Requiring Athletic Coaches Fingerprinting

Information provided on this page is means for informing you only; not to make any policy decisions for your agency or organization. Information is subject to change as interpretation is clarified and processes are further determined. It is your/your agency's responsibility to work with a legal professional when making decisions about policy and procedure relevant to this information. 

 

Florida Statute 943.0438 requires an Independent Sanctioning Authority (ISA)  to:

Beginning January 1, 2025, conduct a Level 2 background screening (fingerprint check) of each current and prospective athletic coach through the FDLE (Florida Department of Law Enforcement) VECHS (Volunteer and Employee Criminal History System) Program.

The ISA may not delegate this responsibility to an individual team and may not authorize any person to act as an athletic coach unless a level 2 background screening is conducted and does not result in disqualification.

Beginning January 1, 2026, conduct a Level 2 background screening (fingerprint check) through the AHCA (Agency for Health Care Administration) Clearinghouse.


What if my sports Independent Sanctioning Authority (ISA) is not willing to participate?
This is now a legal requirement in the State of Florida, therefore there is not option to "not" participate.  If the ISA is not headquartered in Florida and thus believes the law does not apply to them, the individual League must comply with the law, complete the process and participate in the FDLE VECHS program.  

What if my ISA has a program already for fingerprinting athletic coaches?
You will need to insure that the "athletic coach" referred to in your ISA program also includes managers, referees, umpires, etc. - see the definition on this page that is from the newly adopted legislation.  The ISA is required by Florida law to use the FDLE VECHS program for processing fingerprinting and participate in the Clearinghouse once it is operational.  

What if my city/county runs our athletic programs and we are already background screening coaches?
While the new law does not apply to governmental entities, we suggest you apply the principles of the law and begin to Level 2 background screen (fingerprint) your coaches.  If you are currently fingerprinting through VECHS, you will continue to do that and will not need to secure an ORI number from FDLE for the new law.  You will simply run the coach through your system as a "V" (volunteer).  NOTE:  This may change once the Clearinghouse is up and running or with legislative amendments, but for now, follow this process.

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Becoming a Participant in VECHS
Download the VECHS Application and submit completed form to FDLEVECHS@fdle.state.fl.us

FDLE reviews your application for eligibility (approximately ten business days).  If approved you will receive an information packet containing required documents to be completed in order to participate in the program.

Next Steps:
1) Your entity head will electronically sign the VECHS User Agreement, the VECHS Handbook Acknowledgement, and the VECHS Agency Contact Form.
2) The assigning of required online training will be sent to the person your entity designates as the Local Agency Security Officer (LASO).  The LASO will in turn ensure that all employees with access to criminal justice information complete the required level of online training.
3) Once the training and all required documents have been completed, your account will be constructed and you will receive a “Welcome to VECHS” email that contains user credentials, as well as user guides for the systems you will be using.
4) You must have each applicant being fingerprinted, complete and sign a VECHS Waiver Agreement and Statement Form https://www.fdle.state.fl.us/Background-Checks/Documents/VECHS-Waiver-Agreement-and-Statement-Form.aspx
5) You can then send your applicants to a LiveScan service provider (with your newly created ORI number) who can electronically transmit the fingerprints to FDLE.   NOTE:  LSPs charge a service fee
     a. Applicants must be printed on a LiveScan device that can submit electronically to FDLE.  No mailed/hard cards are accepted.  
     b. A link to LiveScan Service Providers can be found https://www.fdle.state.fl.us/Criminal-History-Records/Documents/InternetDoc_ServiceProviders.aspx
     c. LiveScan devices can be purchased but MUST be Clearinghouse approved.

Fee Schedule (through December 31, 2025)

VECHS Qualified Entities

State Fee (defined in 943, F.S.)

Federal Fee

State Fee plus Federal Fee

Current or Prospective Employees (athletic coach)

$24.00

$13.25

$37.25

Current or Prospective Volunteers (athletic coach)

$18.00

$11.25

$29.25

    Two Ways to Pay:
    1)  Applicant pays the LiveScan provider directly, the provider then pays FDLE.
    2)  Applicant uses the FDLE CAPS (Civil Applicant Payment System) website to pay after the transaction is submitted to FDLE.  

    IMPORTANT TO NOTE:  Fingerprint checks are not initiated until the payment has been made.

    Receiving and Reading the Criminal History Record Response
    FDLE will provide a criminal history record response for all submitted fingerprints, unless the transaction is rejected (usually takes 3 business days).  Results are available via FDLE’s Information Notification System (FINS) program.
    You will either receive notification that the individual does not have a criminal history record (state or national), or a copy of the individual’s state and/or national criminal history record.
    FDLE does not provide “clearance” – meaning FDLE will not determine if an individual is eligible to work or volunteer.  Until the AHCA Clearinghouse is implemented in 2026, this is the responsibility of the entity.
    Results are available for 12 months.
    FINS Administrators can add new users and assign/modify message permissions.

    Who Makes the Determination of Whether Someone is Eligible to Serve as an Athletic Coach
    Under the current system (until December 31, 2025):  The entity making the determination (ISA, League, etc.) shall apply the criteria under s. 435.04(2) to the state and national criminal history record information received.  The determination whether the criminal history record shows that the employee/volunteer (athletic coach) has not been arrested for and is awaiting final disposition of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or has been adjudicated delinquent and the record has not been sealed or expunged for, any offense listed under s. 435.04(2) shall be made by the qualified entity through December 31, 2025.

    This means that someone within the League needs to compare the results of a fingerprint check to the list of offenses and disqualify anyone with a listed offense.

    Fingerprint Retention and Notification
    Qualified entities have an option to participate in FDLE’s Applicant Fingerprint Retention and Notification Program (AFRNP).  This allows your entity the ability to receive arrest hit notifications for employees and volunteers (athletic coaches).  This negates the need to require applicants to be fingerprinted again in order to receive potential arrest records that occurred after their initial screening.

    • Fingerprints are retained in a separate system called FALCON.  
    • Any incoming arrest fingerprint that matches to a retained applicant will result in the entity receiving a notification from FALCON informing them of the new arrest event.
      $6 yearly retention fee.
    • If fingerprints are not retained, you will NOT be notified of any arrests that occur after the initial screening, and the individual must be reprinted annually.

    VECHS Entity Responsibilities

    • Account management – Update contact information, name changes, address changes, etc.
    • Fingerprint management – once an applicant is no longer affiliated, their prints should be deleted
    • Management of waivers
    • Training – FINS, FALCON MRAP
    • Retention Participation including billing (invoices or credit cards)

    FDLEVECHS@fdle.state.fl.us  (850) 410-8161

    What is the “Clearinghouse”
    The Florida Care Provider Background Screening Clearinghouse (The Clearinghouse) provides a single data source for background screening results of persons required to be screened by law for employment in positions that provide services to children, the elderly and disabled individuals. The Clearinghouse allows the results of criminal history checks to be shared among specified agencies when a person applies to volunteer, be employed, be licensed or enter a contract that requires a state and national fingerprint-based criminal history check.  7 state agencies participate in The Clearinghouse (AHCA, Department of Health’s Managed Care, Department of Education Vocational Rehabilitation, Agency for Persons with Disabilities, Department of Children and Families, Department of Elder Affairs, and Department of Juvenile Justice).  The eighth state agency will join in 2025 – Florida Department of Education.  And in 2026, the VECHS Program will join the Clearinghouse.

      see link for pdf
      Click the image to download the Athletic Coaches Information Sheet

      Regardless of how these terms are used in our industry, for the purposes of this law and legal implementation, they are defined below:

      Athletic Coach – a person authorized by an ISA to work as a coach, assistant coach, manager, or referee, whether for compensation or as a volunteer, for a youth athletic team based in Florida; and has direct contact with one or more minors on the youth athletic team.

      Background check – includes searches such as employment history, driving history, credit history, civil actions, etc.

      CAPS – FDLE’s Civil Application Payment System through which someone having a fingerprint taken can pay using a credit card. 

      Care – the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or the disabled.

      Child – Any person who is unmarried and less than 18 years of age OR has not been emancipated by order of a court.

      Disabled Person – any person who has a mental or physical impairment who requires assistance to perform one or more daily living tasks.

      Elderly – any person over 60 years of age.

      Employee is used interchangeably within the statutes to include coaches, assistant coaches, managers, or referees compensated for their service.

      Employer – For the purposes of this law, the “employer” would be the ISA/League.

      FALCON – a system within FDLE that allows for retention of fingerprints through the FDLE’s Applicant Fingerprint Retention and Notification Program (AFRNP).

      FDLE’s Information Notification System (FINS) - https://fins.fdle.state.fl.us/fins/shiroLogin.jsf

      Florida Care Provider Background Screening Clearinghouse – established in 2012 to reduce duplicative screenings. 

      Independent Sanctioning Authority (ISA) – a private, nongovernmental entity that organizes, operates, or coordinates a youth athletic team in this state if the team includes one or more minors and is not affiliated with a private school defined in s. 1002.01.

      NOTE:  Other entities (County or City leagues) may not be REQUIRED to screen by this new statute, but may still be eligible for participation in VECHS should they choose. 

      Level 2 – fingerprint-based state and national criminal history record check.  Only reports criminal arrest events submitted to FDLE from local/state arresting agencies.

      LSP – LiveScan Service Provider – a company that is authorized by the Florida Department of Law Enforcement (FDLE) or the Florida Agency for Health Care Administration (AHCA) to take a fingerprint on LiveScan equipment and transmit those prints to the FDLE.  NOTE:  Utilize the link for FDLE providers until December 31, 2025 after which you will use the AHCA providers list.

      ORI – Originating Agency Identifier – An identification number given to each qualifying entity.  You will be given two unique ORI numbers – E number is for screening employees (athletic coach that is compensated); V number is for screening volunteers (athletic coach that is not compensated).

      Qualified Entity – A business or organization, whether public, private, for profit, not-for-profit or voluntary, the provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services. 

      Third-party background check companies – a company authorized by FDLE to participate in the VECHS Program, to receive and process fingerprint checks.

      VECHS Program – The Volunteer and Employee Criminal History System Program, authorized under the National Child Protection Act of 1993 and statute 943.0542, Florida Statutes.  Implement by FDLE in 1999, and allows entities that don’t have statutory authority to receive state and national criminal history information for individuals work with one or more vulnerable populations (children, elderly, disabled).  Organizations must be a “qualified entity to participate (summer camps, counseling centers, churches, charitable organizations).

      Volunteer - Volunteer is used within the statutes to include coaches, assistant coaches, managers, or referees NOT compensated for their service.

      EFFECTIVE JANUARY 1, 2026 – What Changes?

      Effective January 1, 2026, athletic coaches (refer to definition) will be part of The Clearinghouse process administered by the Agency for Health Care Administration (AHCS).

      The entity (League) will still apply through FDLE for participation in the VECHS Program.  Once approved, they will receive an information packet containing required documents to be completed to participate in the program and will be given instructions on how to register for Clearinghouse Access (this is not a convenience, this is legally required at January 1, 2026).

      You will need to use the AHCA Clearinghouse list of approved LiveScan Service Providers (this may be different than the FDLE list).

      This is where things begin to change:

      -The Criminal history will be sent to AHCA who will initiate a review and make an eligibility determination under the standards established in section 435.04(2), F.S.
      -Once the eligibility determination has been made, a notification will be sent to the ISA or Qualified Entity to check The Clearinghouse Results Website - https://apps.ahca.myflorida.com/SingleSignOnPortal/Login.aspx?ReturnUrl=/SingleSignOnPortal/
      -If the applicant is eligible then the ISA or Qualified Entity may hire (utilize) them as an employee or use them as a volunteer (athletic coach).
      -If the applicant is not eligible, then they CANNOT be hired or used as an employee/volunteer (athletic coach).

      For a Clearinghouse screening to be shared, the person must have three things:

      -Retained prints
      -Signed privacy policy, AND
      -A photograph taken at the time of screening

      Pricing Within Clearinghouse (subject to change)

      NOTE:  All pricing reflects a 5 year retention fee of $30

      Screening Type

      Fees

      Payment

      New applicant (athletic coach) screening

      $67.25 – includes LiveScan screening fee, which also includes 5-year retention of prints

      Paid directly to the LiveScan provider when scheduling

      Add current employee or volunteer (athletic coach)  to the Clearinghouse

      $67.25 – includes LiveScan careening fee, which also includes 5-year retention of fingerprints in the Clearinghouse

      Paid directly to the LiveScan provider when scheduling

      Screen applicants currently in the Clearinghouse (renewal)

      $43.25 which includes a 5-year retention of fingerprints in the Clearinghouse

      Payable by check or credit card via the Clearinghouse

      Resubmit fingerprints (due to low quality, etc.)

      $13.25 – resubmission must be completed when an employee/volunteer (athletic coach) has had a 90-day break in service

      (note:  The break in service is being discussed currently and subject to change)

      Payable by check or credit card via the Clearinghouse

      Agency Review

      FREE – sharing of screenings already available in the Clearinghouse

      Requested through the Clearinghouse Results Website

       

      Benefits of The Clearinghouse

      Cost Savings – Clearinghouse shares results of criminal history checks among specified agencies, providing cost savings to individuals and entities.
      Notifications –

      -Maintains a roster of athletic coaches by entering hire and separation dates (when the coach starts and when they no longer coach for the League) for each employee (athletic coach).  This facilitates a notification to the organization if the eligibility status of an employee (athletic coach) changes.
      -Collects subsequent arrest information for employees/volunteers (athletic coaches) with retained fingerprints that is only available to current employers (the League) of the individual.
      -Tracks screenings from the time the screening is initiated in the Clearinghouse until a determination is made.
      -Provides email notification to the qualified entity user regarding status updates to each request initiated.

      LiveScan Search – allows provider to search for a LiveScan Service Provider by entering certain criteria and connects to the fingerprint service provider’s website to make appointments.
      Reduced Burden for VECHS Entity – The new process will shift the responsibility of determining eligibility to AHCA, alleviating ISA/Qualified Entities form the burden of making these critical decisions of determining eligibility to work with the vulnerable population.
      Centralized Screening Review – AHCA Analysts will handle all background screenings streamlining the process and ensuring consistent eligibility determinations.
      Enhanced Compliance and Accuracy – AHCA’s involvement ensures that all background screenings are evaluated against current statutes, increasing the accuracy of eligibility decisions and reducing the risk of improper clearances.
      Efficient Workload Management – By delegating screening responsibilities to AHCA, you can focus more on your core function.
      Reduced Risks       – Since implementation in 2013, the Clearinghouse received notification of over 350,000 individuals who were arrested after they were screened.  Over 25% of those went from being eligible to work with vulnerable individuals to NOT ELIGIBLE.  Many of these arrests were for serious offenses including:  grand theft, battery and assault, sex offenses, exploitation of the elderly, and offenses against a child.