Employment background checks are a standard part of the hiring process in Florida. Background checks help employers make informed decisions to create a safe and trustworthy workplace. While these checks can offer valuable insight into a candidate’s history, they are subject to certain legal requirements. Both federal and state laws govern how background checks must be conducted. Failure to comply can result in serious consequences for employers and missed opportunities for job seekers.
Florida State Laws on Employment Background Checks
Employment background checks are governed in part by Florida Statutes Chapter 435. This statute outlines screening requirements for employees and contractors placed in positions of trust.
Florida employers must conduct thorough employment screenings before hiring for jobs that require access to sensitive environments or at-risk individuals. These jobs typically include childcare, elderly care, healthcare, education, and other positions of trust. Note that not every employer is required to conduct background checks – just the ones hiring within these vulnerable sectors.
The law may require verifying a candidate’s criminal history through either a Level 1 or Level 2 background check, depending on the role. For some jobs, a Level 2 fingerprint-based screening is mandatory to ensure the candidate has no disqualifying offenses.
Employers are also responsible for maintaining compliance over time. Some roles require ongoing re-screening, particularly when a license or regulatory body mandates it. Noncompliance can result in serious consequences, such as penalties, loss of professional licensing, or hiring restrictions.
Florida’s background check requirements must align with federal law, including the Fair Credit Reporting Act (FCRA). Employers must follow state-specific rules and provide proper notice, obtain consent, and respect the rights of applicants under federal regulations.
Level 1 vs. Level 2 Background Checks in Florida
Florida employment background check laws are categorized into Level 1 and Level 2 checks:
- Level 1 – A Level 1 background check in Florida is a name-based screening. It verifies a candidate’s employment history, identifies local and statewide criminal history, and checks against national sex offender registries.
- Level 2 – In contrast, a Level 2 background check in Florida is fingerprint-based and comprehensive. In addition to the Level 1 screenings, Level 2 checks involve searching national criminal databases, including the FBI.
These designations are determined by job duties, not employer preference. A Level 1 screening is typically used for positions that do not involve vulnerable people or where there is a lower risk to public safety. However, jobs that involve access to children, elderly adults, or people with disabilities typically have Level 2 requirements. For example:
- A Level 1 background check may be sufficient for a clerical position in a private company.
- A Level 2 background check is mandatory for someone applying to work as a caregiver in an assisted living facility or a teacher in a public school.
Employers must follow the appropriate screening level based on the applicable statutory guidelines and job responsibilities. Misclassifying the required background check level – or skipping it altogether – can expose employers to liability and put vulnerable populations at risk.
Disqualifying Offenses Under Florida Law
Certain offenses and circumstances can disqualify you from employment. How serious the offense was, the type of background check conducted, and the nature of the job all play a role in determining your eligibility.
Common disqualifying offenses include:
- Violent felonies, such as assault, battery, or homicide
- Abuse or neglect, especially of a child, elderly person, or disabled adult
- Sexual offenses, including any involving minors or requiring registration as a sex offender
- Financial crimes, such as fraud or embezzlement, particularly for roles involving money management or fiduciary responsibility
These offenses could result in automatic disqualification, especially when the position involves access to vulnerable populations or sensitive information. For some crimes, there may be a mandatory waiting period before you’re eligible to apply for certain roles again.
Some non-criminal factors, such as poor credit history or a pattern of unsafe driving, may also influence hiring decisions. This is common in roles involving financial oversight or vehicle use.
Florida Ban-the-Box Laws and Local Ordinances
Ban-the-box laws are designed to promote fair hiring practices. They reserve questions about an applicant’s criminal history until later in the hiring process, typically after an initial interview or a conditional job offer. The goal is to give qualified candidates a fair opportunity to be considered based on their skills and experience, rather than being immediately screened out due to a past conviction.
Florida does not have a statewide ban-the-box law that applies to private employers. However, some local jurisdictions have adopted their own ordinances, particularly in the public sector. For example, Tallahassee, Tampa, and Miami-Dade County have ban-the-box policies for public employment roles.
Because these laws vary by location, employers should review any local ordinances that may apply to their hiring practices. Even in areas without formal ban-the-box laws, employers must still conduct background checks in a fair, consistent, and nondiscriminatory manner to comply with state and federal regulations.
Employee Rights During the Background Check Process
Under the Fair Credit Reporting Act, employees and job seekers have several important rights:
- Right to notice – Employers must notify applicants in writing if they will conduct a background check.
- Right to written consent – Before accessing a consumer report (which may include credit history, criminal records, and employment history), employers must obtain your written authorization.
- Right to receive a copy – If an employer finds something in the background check that could affect the hiring decision, they must give you a copy of the report and a pre-adverse action notice. This gives you a chance to review the findings.
- Right to dispute inaccurate information – Before making a final decision, the employer must give you an opportunity to dispute any incorrect or outdated information contained in the report.
The Florida Civil Rights Act also protects against discrimination in the background screening process. An employer cannot conduct background checks or use information from them in a discriminatory way. For example, employers cannot only conduct background checks against minorities or reject applicants of a certain ethnicity because of their criminal record but not others with the same record.
Failure to follow these rules can expose employers to civil penalties and lawsuits. If an employer violated your rights or discriminated against you through a background check, a Florida employment law attorney can help you hold them accountable.
Talk to Our Florida Employment Law Attorneys
If you’re dealing with background check issues, speak with a dedicated Florida employment law attorney today. Cruz Law Firm, P.A. offers nearly 20 years of combined experience in employment and civil rights law, as well as a proven track record of success with over $15 million recovered for our clients. Find out why one client said our attorneys are “extremely knowledgeable and will fight hard for you.” Contact Cruz Law Firm, P.A. today to protect your rights and employment future.
