Florida Background Check for Employment: A Complete Guide [2025]

Employers across Florida use background checks to make informed hiring decisions and comply with both state and federal employment laws.

At iprospectcheck, we deliver fast, reliable background screening services that support businesses in Miami, Orlando, Tampa, Jacksonville, and throughout the state.

This guide outlines the key laws and best practices for conducting employment background checks in Florida.

What is a Florida Employment Background Check?

A background check in Florida reviews a job applicant’s criminal history, past employment, education, professional credentials, and other critical information to help employers evaluate whether the candidate is a good fit for the position.

Why Do Florida Employers Conduct Background Checks?

Employers throughout Florida use background checks to verify applicant information and make hiring decisions based on accurate, documented records, not just what’s listed on a resume.

Here are some of the main reasons employers across the state rely on background screenings:

1. Create a Safe Workplace

Checking criminal history helps identify past behavior that could present a safety concern for coworkers, customers, or the general public.

This is a critical step in fostering a secure work environment.

2. Encourage Fair and Consistent Hiring

Using a uniform background screening process for all candidates promotes fairness and reduces potential bias.

It also supports compliance with anti-discrimination laws at both the state and federal levels.

3. Comply with Legal and Industry Standards

Florida employers must meet federal guidelines, Florida state laws, and, where applicable, local requirements.

Some industries have more stringent screening standards:

• Employers regulated by the S. Department of Transportation (DOT) must conduct DOT background checks, DOT drug testing, and DOT physicals for safety-sensitive roles.
• AdventHealth, a major healthcare system in Florida, conducts thorough pre-employment background screenings that include criminal history checks, employment and education verifications, and health screenings.
• The University of Florida requires background checks for all new hires, with additional checks for positions involving sensitive or high-security responsibilities. These checks typically include employment and education verification, as well as criminal record reviews.

4. Minimize Risk of Negligent Hiring Claims

Employers who skip proper screening procedures may face legal action if a poorly vetted hire causes harm.

Running thorough background checks shows a commitment to due diligence.

5. Safeguard Sensitive Data

In industries like healthcare, finance, or law, employees often access private and confidential information.

Background screenings help verify that candidates are trustworthy and reduce the risk of data breaches or fraud.

6. Protect Your Business Reputation

Your employees are often the public face of your business.

Screening applicants helps you avoid hiring individuals whose past behavior could damage your brand or customer trust.

How to Conduct Employment Background Checks in Florida

1. Develop a Background Screening Policy

Start by creating a written policy that clearly outlines when and how background checks will be conducted.

Ensure the policy aligns with federal laws, Florida state regulations, and any local guidelines that may apply.

Specify which job roles require screening and what types of checks are appropriate.

2. Train Your HR and Hiring Team

Make sure your hiring staff understands their responsibilities and the legal requirements involved in the screening process.

Training should cover how to obtain consent, review background reports, and respond appropriately to results while staying compliant with employment laws.

3. Provide Disclosure and Obtain Authorization

Before running any background check, supply candidates with a standalone disclosure explaining the process.

You must also get their written permission, as required under the Fair Credit Reporting Act (FCRA).

4. Work with a Reputable Screening Provider

Choose a trusted partner like iprospectcheck to ensure your background checks are fast, accurate, and fully compliant with Florida law.

Working with a reliable provider helps reduce errors and legal risks.

5. Schedule Background Checks at the Right Time

Florida does not have a statewide ban-the-box law for private employers, but delaying background checks until after a conditional offer or initial interview is a smart, risk-reducing practice.

This approach aligns with federal guidelines and shows good faith in fair hiring practices.

6. Align Checks with the Job’s Responsibilities

Customize each background screening to match the requirements of the role.

For example, order MVR checks for driving-related jobs or verify professional licenses for healthcare or technical positions.

7. Keep Candidates Updated Throughout the Process

Maintain clear communication with applicants as the background check progresses.

Once the report is reviewed, inform candidates of any updates and be ready to discuss results if questions arise.

8. Review Criminal History Individually

If a criminal conviction is found, assess its relevance to the job duties, the time elapsed, and the nature of the offense.

Avoid blanket rejections. Consider each case on its own to support fair hiring decisions and reduce liability.

9. Follow the Adverse Action Steps Under the FCRA

If you decide not to move forward with a candidate based on the background check, you must follow the FCRA’s adverse action process:

• Send a Pre-Adverse Action Notice with a copy of the report and a “Summary of Your Rights Under the FCRA.”
• Allow the candidate time to respond or dispute any errors.
• If you finalize the decision, issue a Final Adverse Action Notice along with all required documentation.

What Shows Up on a Florida Background Check?

The information included in a background check varies depending on the type of screening ordered.

In Florida, background checks are typically classified as either Level 1 or Level 2.

• Level 1 Checks are state-only, name-based searches. They typically include employment history, state or local criminal records, and a review of the national sex offender registry. In some cases, they may also include a credit report and local criminal checks.
• Level 2 Checks require fingerprinting and include a detailed screening conducted through both the FBI and the Florida Department of Law Enforcement (FDLE). These checks are commonly used for roles involving vulnerable populations. If an applicant has certain disqualifying offenses, they will be ineligible for employment.

Florida law lists numerous offenses that can disqualify a candidate under Level 1 and Level 2 screening standards.

These include, but are not limited to:

• Sexual misconduct with developmentally disabled clients (Section 393.135)
• Sexual misconduct with mental health patients (Section 394.4593)
• Abuse or neglect of elderly or disabled adults (Section 415.111)
• Murder, manslaughter, vehicular homicide (Sections 782.04, 782.07, 782.071)
• Felony assault or battery, especially if the victim was a minor (Chapter 784)

Employers should consult the Florida government website for the complete list of disqualifying offenses.

The type of background check ordered and its scope will determine what specific information appears in the report.

Most Florida employers include the following components:

Criminal History

If a candidate has a criminal record, the report may show:

• Case number or docket
• The court where the case was filed
• Date of the offense or charge
• Description and classification of the offense (misdemeanor or felony)
• Final disposition and resolution date
• Sentencing details, if available

Florida law places limits on the use of sealed or expunged records during hiring decisions.

Employment Verification

This check confirms a candidate’s job history and usually includes:

• Names and locations of previous employers
• Start and end dates for each position
• Job titles and key responsibilities

Education Verification

Used to verify academic qualifications, this check may report:

• Names and locations of educational institutions
• Dates of enrollment and graduation
• Degrees or certifications obtained

Professional License Verification

For positions requiring a license, this screening includes:

• Name of the license holder
• License type and number
• License status (active, inactive, suspended, etc.)
• Issuing authority
• Issue and expiration dates
• Any public disciplinary actions

Identity Verification

To confirm the candidate’s identity and avoid misidentification, this check typically includes:

• Full legal name and any known aliases
• Previous address history
• Date of birth

Motor Vehicle Records (MVR) Check

For roles that involve driving, MVR checks provide:

• License class and number
• Issue and expiration dates
• Legal name and current address listed on the license
• Records of traffic violations, accidents, or DUIs
• Any license suspensions or revocations

Important Laws and Regulations

Federal Laws

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) governs how consumer reporting agencies (CRAs) collect, use, and share personal information included in background checks.

It also sets the legal steps employers must follow when using these reports for hiring decisions.

For jobs paying under $75,000 per year, the FCRA limits the reporting of certain records that are more than seven years old, such as:

• Arrests not resulting in convictions
• Paid tax liens
• Civil lawsuits and judgments
• Chapter 13 bankruptcies (Chapter 7 may still be reported for up to 10 years)
• Accounts placed in collections

Before ordering a background check, employers must:

• Provide applicants with a standalone disclosure outlining the screening
• Obtain written consent from the candidate

If the background check influences a hiring decision, employers must:

• Share the report with the applicant, along with a pre-adverse action notice
• Allow time for the applicant to respond or dispute any inaccuracies
• If the decision stands, issue a final adverse action notice along with a summary of FCRA rights

Fair Chance to Compete for Jobs Act (FCA)

The FCA applies to federal agencies and contractors.

It prohibits inquiries about an applicant’s criminal background until after a conditional job offer has been made.

Violating this rule may lead to penalties or disqualification from federal contract opportunities.

Title VII of the Civil Rights Act of 1964

Title VII makes it unlawful to discriminate in employment based on race, color, religion, sex, or national origin.

Enforced by the Equal Employment Opportunity Commission (EEOC), it also provides guidance on how employers should approach criminal background information.

If a background check reveals a conviction, employers should:

• Consider whether the offense is directly related to the job
• Evaluate how much time has passed since the incident
• Assess any potential risk to workplace safety or performance

Automatically disqualifying candidates based solely on criminal records without a case-by-case review could violate Title VII and result in legal consequences.

State Laws

Disqualification of Public Employees Based on Criminal Convictions

Under §112.011, Fla. Stat. (2025), public employers cannot deny employment to applicants solely based on a low-level criminal conviction.

However, applicants for jobs in the public sector can be denied employment based on felony or first-degree misdemeanor convictions that directly relate to their jobs.

Applicants for Public Employment With Certain Drug Offenses

Under §775.16, Fla. Stat. (2025), people with felony drug convictions involving sales or trafficking are disqualified from employment at state agencies.

However, people can overcome this disqualification if they complete all of the terms and conditions of their sentences and complete state-approved drug rehabilitation programs.

Ban-the-Box Laws

Florida does not have a statewide ban-the-box law. However, multiple cities in Florida have passed ban-the-box laws for employers.

Broward County

Under Broward County Code § 26-125, public employers can’t ask about criminal history on job applications.

They must wait to conduct a criminal background check until after the applicant has been interviewed and has been selected as a finalist, but before they extend an employment offer.

The employer must provide a copy of the background check to the applicant, and an applicant who is denied employment based on the report has a right to appeal the decision.

City of Lakeland

The City of Lakeland passed a ban-the-box law in January 2021 that prohibits city employers from asking about conviction information on their applications.

Clearwater

Clearwater has a ban-the-box rule as an administrative policy.

This rule requires criminal background checks for all positions with the city.

However, it requires public city employers to wait until the applicant has been selected as a finalist before performing a criminal history check.

Daytona Beach

Daytona Beach has a fair chance policy that applies to public employers.

Under this rule, the city can’t inquire about criminal history until it has decided to hire the individual.

Fort Myers

Under Res. No. 2015-61, The Fort Myers City Council adopted a ban-the-box rule for public city employers.

This rule prohibits questions about felony convictions on job applications and requires public employers to wait until later in the hiring process to check criminal history.

Public safety employers (e.g., police and fire department employees) are exempt.

Orange County

Orange County similarly enacted a ban-the-box law for public employees in October 2021. Public employers in Orange County are prohibited from asking about criminal convictions on their applications.

Orlando

The City of Orlando has a ban-the-box policy that applies to public city employers.

They must wait until after making a conditional job offer before conducting a criminal background check.

Jacksonville

Jacksonville has a ban-the-box rule found in Ordinance 2008-911-E.

Under this rule, public city employers can’t ask about criminal history on job applications.

Employers must wait to conduct background checks until after a conditional employment offer.

If an applicant is denied based on a background check, they have the right to appeal the decision.

Miami-Dade County

Under Miami-Dade County Ordinance 15-118, public employers can’t inquire about criminal history on job applications and must wait until after making a conditional employment offer to conduct a criminal background check.

Pompano Beach

Under an administrative policy, Pompano Beach prohibits public employers from asking about criminal history on job applications.

Public employers must wait to conduct a background check until after the applicant has received an initial interview.

Sarasota

Sarasota has an administrative policy that applies to public employers only.

This policy requires public employers to wait to inquire about criminal history until after an applicant has been selected as a finalist.

St. Petersburg

St. Petersburg’s administrative policy prohibits public employers from asking about criminal history on job applications.

Tamarac

Tamarac Ordinance No. 2020-014 applies to public employers.

It prohibits them from inquiring about criminal history or conducting criminal background checks until applicants have been determined to be otherwise qualified for the jobs.

The ordinance includes some exceptions for public safety employers.

Tampa

Tampa Ordinance No. 2013-3 applies to public employers only.

It prohibits them from asking about criminal history on job applications or conducting criminal background checks until after a conditional job offer has been made.

Tallahassee

Tallahassee has an administrative policy that applies to public employers only.

This rule prohibits city employers from asking about criminal history on job applications and requires them to wait to conduct a criminal background check until after an applicant has been selected as a finalist.

Gainesville

On Dec. 15, 2022, the Gainesville City Commission passed the Fair Chance Hiring Ordinance No. 2022-617 on its second reading, and it was subsequently signed into law by Mayor Lauren Poe.

This ordinance was effective on the same day it was signed.

Previously, Gainesville had a ban-the-box law that applied to public employees in the city.

However, this new ordinance covers private employers with 15 or more employees and aims to make hiring more equitable for people with criminal records.

Under this ordinance, private employers are no longer allowed to ask about criminal history information during the early phases of the hiring process.

Before this law, private employers could ask applicants about their criminal records on their applications or during interviews.

Now, however, employers can’t ask about criminal history information until after they make conditional job offers and can then conduct background checks at that time.

If an employer discovers an applicant has a pending criminal matter or a conviction, they must complete an individual assessment of the information as it directly relates to the position for which the applicant is under consideration, which includes the following factors:

• Type of offense and its severity
• How old the individual was at the time of the offense
• How long has it been since the offense was committed and the sentence was completed
• The type of job and its duties
• Any mitigating evidence of the applicant’s rehabilitation and good conduct since the conviction

If the employer decides against hiring the applicant after individually assessing the criminal record information, they must then complete the steps of the adverse action process.

Before making an adverse employment decision, the employer must do the following things:

• Inform the applicant that the employer intends to withdraw the offer based on the applicant’s conviction
• Give a copy of the criminal record specifying the problematic criminal history information
• Provide the applicant with a reasonable time to give the employer information about the context of the offense and/or any evidence of rehabilitation since it occurred.

If the employer still decides not to hire the applicant, they must then send a final adverse action notice in writing that explains the decision was based on the applicant’s criminal history.

The adverse action notice should include a statement that it is being provided in compliance with the City of Gainesville’s ordinance that regulates the time when a criminal background check can be conducted and its process.

The specific language employers are to use is mandated by the ordinance, so employers will need to refer to it to make sure they comply.

The city is the sole party that can enforce the ordinance.

If an employer violates the ordinance for the first time, they can be assessed a $500 civil penalty. The applicant will receive half of the civil penalty.

The employer can also be assessed a $500 penalty for each subsequent violation.

Because of this new law in Gainesville, we recommend that affected employers review their adverse action notices and that CRAs revise any samples they might have.

Drug-Free Program Law

Under § 440.102, Fla. Stat. (2025), private employers are allowed to conduct pre-employment, reasonable suspicion, and random drug tests.

However, these tests must conform to the requirements listed in the statute and pay for all required drug tests.

Employers must notify employees that they must not report to work with drugs in their system.

Miya’s Law

In response to the tragic murder of a 19-year-old college student by an apartment complex maintenance worker in 2021, Florida passed Miya’s Law.

This law mandates all landlords and property managers to conduct in-depth background checks on applicants, including criminal records checks and sex offender registry checks in all 50 states and the District of Columbia.

Miya’s law applies to property management companies and landlords of complexes with transient and non-transient apartments.

Mandatory Use of E-Verify System

Under § 448.095, Fla. Stat. (2022), private employers in Florida must either confirm an employee’s eligibility to work in the U.S. by enrolling in and using the E-Verify system or gathering the same documents used to verify employment eligibility by the U.S. Citizenship and Immigration Services (USCIS).

This law was effective as of Jan. 1, 2021.

Expungement Law

Florida has a much more limited expungement rule than many other states.

Under § 943.045(16), Fla. Stat. (2022), expunction is defined as the destruction of a criminal record upon an order of the court.

An expunged record can’t be accessed by employers or others, but the record of it will be retained only for review by law enforcement and prosecutors if the subject is subsequently charged with another offense.

While some states automatically expunge or seal records after a specific period has passed, Florida does not.

Under § 943.0585, Fla. Stat. (2022), people seeking expungement must submit a petition to request it, and it is only available once per life.

Expungement is not available for those with disqualifying criminal offenses.

If a petitioner is successful in obtaining an expungement, they do not have to disclose the expunged record to employers. It also won’t be reported on background checks.

Get a Background Check with iprospectcheck

Industries like healthcare, finance, education, and tech across Florida must follow strict hiring standards and adhere to complex compliance requirements.

At iprospectcheck, we provide fast, precise, and fully compliant background screening services tailored to meet your organization’s specific needs.

Our detailed reports empower you to make confident hiring decisions while staying in full compliance with Florida state laws and federal regulations.

For more information or to request a free quote, give us a call at 888-509-1979.

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.