Florida Background Check Laws

Florida does not have a statewide 'ban-the-box' law that applies to private employers. However, some local governments in Florida have adopted their own 'ban-the-box' ordinances for public sector employment. For example, the City of Jacksonville has a 'ban-the-box' policy for city employment, delaying criminal history inquiries until after a conditional offer of employment. Employers should check local ordinances in their specific jurisdiction.

Florida law generally aligns with the federal FCRA regarding consumer report disclosures and adverse action procedures. There are no significant state-level variations that impose stricter requirements than the FCRA for private employers. However, employers must still ensure full compliance with all FCRA provisions, including providing proper notice, obtaining consent, and following adverse action procedures.

Florida law, like the FCRA, generally restricts the reporting of non-conviction criminal records (e.g., arrests not leading to conviction) and civil lawsuits, civil judgments, paid tax liens, accounts placed for collection, and records of arrest that did not result in conviction, to seven years from the date of entry. This limitation applies to positions with an annual salary of less than $75,000. For positions with an annual salary of $75,000 or more, there are no such time restrictions under the FCRA. However, certain Florida statutes may allow or require reporting beyond these limits for specific regulated industries or positions, particularly those involving children, the elderly, or vulnerable populations.

In Florida, expunged or sealed criminal records are generally not available to the public and should not be reported by consumer reporting agencies for employment purposes. Employers should treat expunged or sealed records as if they never occurred. Requesting or using such information can lead to legal liability. Florida Statute § 943.0585 and § 943.059 govern the expungement and sealing of criminal records.