Level 1 and Level 2 Background Checks: Level 1 and Level 2 Background 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 referenced. 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, Florida Statutes
(F.S.), but are used elsewhere in statute without definition and appear not to be associated with
all of the provisions in Chapter 435, F.S.
• Level 1 generally refers to a state only name based check AND an employment
• Level 2 generally refers to 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, F.S., mandates
Level 2 security background investigations be conducted on employees, defined as
individuals required by law to be fingerprinted pursuant to Chapter 435, F.S.