I wish I could remember the thread that appeared in. I’m just too tired to search the statute myself.
From what I can tell from the FL statute the federal background check is NOT required.
790.06(6)(a)The Department of Agriculture and Consumer Services, upon receipt of the items listed in subsection (5), shall forward the full set of fingerprints of the applicant to the Department of Law Enforcement for state and federal processing, provided the federal service is available, to be processed for any criminal justice information as defined in s. 943.045. The cost of processing such fingerprints shall be payable to the Department of Law Enforcement by the Department of Agriculture and Consumer Services.
Since the employee could not log on the federal service was not available.
Not saying that it was the right thing to do, but it sounds like a case of malicious compliance.