Florida Guardianship Background Check: Level 2 Screening Requirements for Guardians

What Florida Requires

Every prospective guardian and guardian advocate in Florida must complete a Level 2 criminal background screening before the court will appoint them unless the court waives it under F.S. § 744.3135. This applies whether you're filing under Chapter 744 (standard guardianship) or Chapter 393 (guardian advocacy); a family relationship does not itself exempt you.

A Level 2 screening goes beyond a basic name search. It requires electronic fingerprinting through the Florida Department of Law Enforcement (FDLE) and the FBI, checking both state and national criminal databases. You also need a credit history investigation, which the court uses to assess financial reliability.

How to Complete the Fingerprinting

The process varies by county because each judicial circuit contracts with different fingerprinting providers. Here's what you need to know before you go:

Get the correct ORI number. This is the code that routes your background check results to the right probate division. Using the wrong ORI means your results go to the wrong office, and you start over. Two examples:

• Brevard County (18th Judicial Circuit): Non-professional family guardians use the Sheriff's Office with ORI number FL005064Z
• Broward County (17th Judicial Circuit): Families must use FAMILY ORI number FL006024Z, which routes FDLE and FBI results directly to the probate division

Your local circuit clerk's website lists the correct ORI, or you can call the probate division directly.

Cost. Fingerprinting typically runs about $10 at the collection site, plus approximately $40 for FDLE/FBI processing. Some circuits charge slightly more or less. This is an out-of-pocket expense — even if you qualify for civil indigent status and get filing fees waived, the background check fee is separate.

Timing. Processing time varies by provider and circuit. Follow your local clerk's instructions on whether to submit fingerprints before filing; missing required results can delay the hearing.

The Credit History Investigation

Alongside the criminal check, the court requires a credit history investigation. In many circuits, file it with a confidentiality notice (Form K-1) that shields the sensitive financial details from public view.

The credit investigation serves a specific purpose: it helps the court identify financial red flags — outstanding judgments, bankruptcies, tax liens — that might suggest the proposed guardian isn't equipped to manage the ward's assets responsibly. Follow your local circuit's filing instructions for guardian advocacy of the person only, and prepare the required filing to avoid delays.

What Disqualifies You

Florida law bars certain individuals from serving as guardian. The most common disqualifiers:

• Felony convictions: Florida law bars a person convicted of a felony from appointment as guardian.
• Unsuitability or conflicts: The court may not appoint a person who is otherwise unsuitable or has a prohibited conflict of interest.
• Incapacity or illness: A person who, because of incapacity or illness, is incapable of discharging the duties of a guardian may not be appointed.

If you have a criminal history that you're unsure about, consult with a probate attorney before filing. It's better to know upfront than to invest in the petition, filing fees, and court-appointed attorney fees only to be denied at the hearing.

Filing the Results

Once your Level 2 results clear, they're sent to the clerk or probate division according to the ORI and local procedure. You don't need to hand-deliver a copy, but you should confirm with the clerk's office that they've received the results before your hearing date. If required results are missing, the hearing may need to be continued.

The Florida Adult Guardianship & Alternatives Guide includes the full filing checklist for both guardian advocacy and Chapter 744 proceedings, with circuit-specific ORI codes and the credit history confidentiality notice template — everything you need to clear this hurdle without delays.

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