Florida Employment Background Check Laws

Employers rely on pre-employment background screenings to make well-informed hiring decisions. These checks provide insights into various aspects of a candidate’s background, such as education, work history, and professional credentials. By conducting criminal background checks, employers enhance workplace safety and protect themselves from potential legal liabilities.

This guide outlines the range of background checks available in Florida, the types of information they may reveal, and the federal, state, county, and city regulations that govern these screenings.

What Is a Florida Background Check?

In Florida, employers can perform various background checks based on federal, state, and local regulations, as well as the specific needs of the position. Typical background screenings may include:

• Employment verification to confirm a candidate’s work history.
• Education verification to ensure that degrees and certifications are accurate.
• Drug testing in compliance with state guidelines for drug-free workplace programs, which may qualify employers for workers’ compensation insurance discounts.
• Motor vehicle records (MVR) checks for roles involving driving, to verify license status and check for traffic violations.
• Criminal background checks at the national, state, and/or local levels to review criminal history.

Background Checks for State Agencies & Regulated Industries

Employers regulated by Florida Statute 435.02, particularly in industries like childcare and healthcare, must conduct specific types of criminal background checks, known as Level 1 and Level 2 checks. These checks are carried out through local, state, and federal law enforcement agencies as per Florida Statute 943.0542.

While some industries must perform these specific checks, others can engage third-party providers to conduct standard Florida background checks. Even for regulated industries, third-party providers may be used for preliminary checks before completing Level 1 or Level 2 screenings.

• Level 1 Background Check: A name-based check that includes statewide criminal records and sex offender registry searches.
• Level 2 Background Check: A fingerprint-based check that includes both state and national criminal record searches and is more comprehensive.

How Far Back Does a Background Check Go in Florida?

Florida does not limit how far back a background check can go, allowing most screenings, including criminal checks, to cover an indefinite period. However, the Fair Credit Reporting Act (FCRA), which governs many employment background checks, places some restrictions, such as:

• Bankruptcy information older than 10 years.
• Civil suits, civil judgments, and arrest records older than 7 years.
• Paid tax liens and collections older than 7 years.
• Adverse information (except criminal convictions) older than 7 years.

Employers should also be aware of local ban-the-box laws, which may limit how criminal history is used in hiring decisions.

Florida Background Check Laws

Florida does not have a statewide ban-the-box or fair hiring law, but certain counties and cities have implemented their own regulations. Despite this, Florida encourages background checks by providing employers with protection from negligent hiring claims. If an employer conducts a background check through the Florida Department of Law Enforcement and finds no disqualifying information, the state presumes the employer was not negligent in their hiring decision.

Additionally, Florida’s Senate Bill 898 (Miya’s Law) mandates that landlords conduct background checks before hiring, which must include a search of criminal and sex offender records across all 50 states and the District of Columbia.

Compliance with the FCRA

Florida employers must comply with the FCRA when conducting background checks. This includes:

• Providing written notice of intent to conduct a background check and obtaining the candidate’s consent.
• Informing candidates of their rights under the FCRA and allowing them to review the report if it influences the hiring decision.
• Issuing a pre-adverse action notice if a background check leads to a negative hiring decision, allowing the candidate to dispute the findings before a final decision is made.
• Providing a final adverse action notice if the decision remains unfavorable after reviewing the candidate’s response.

Employers should also follow stricter local ban-the-box laws, if applicable, to ensure full compliance with all background check regulations.