Florida Background Check for Employment: A Complete Guide [2024] (2024)

As an employer in Florida, you want to hire only trustworthy, qualified and reliable employees who can help to build your business andcreate a safe and positive workplace culture.

Pre-employment background checks in Florida can help you to find the best candidates for your business.

Based on our experience running background checks in Miami, Orlando, Tampa, Tallahassee, Jacksonville, Fort Lauderdale and more, we put together this guide for employers.

What is a Florida Background Check?

A Florida background check consists of searches employers perform to investigate the background of an applicant or employee. These typically include searches of an applicant’s criminal history, employment verification, education verification, and other relevant searches.

Background check providers like iprospectcheck check public records and databases to compile reliable, accurate, and FCRA-compliant reports.

Why Do Employers in Florida Run Background Checks?

Florida employers commonly perform background checks on prospective hires for the following reasons:

1. Ensure Workplace Safety

Employers must provide a safe workplace for their employees and customers and strive to prevent potential accidents and injuries.

Running pre-employment background checks helps to identify applicants with a history of risky behaviors and/or criminal convictions that could threaten the safety of others in the workplace.

2. Maintain Regulatory Compliance

In certain industries, employers are required to screen applicants before making job offers.

Companies operating within regulated industries might perform pre-employment background checks to keep up with their legal requirements.

3. Reduce Liability Risks

An employer that fails to perform background checks runs the risk of hiring someone who could cause harm to others and exposure to negligent hiring liability.

Conducting in-depth background checks helps employers screen out unqualified applicants and reduce their liability risks.

4. Prevent Reputational Damage

The behavior and actions of a company’s employees have a substantial impact on how the public views that company.

One of the reasons employers conduct background checks is to hire individuals who can maintain their brand’s reputation.

Florida Background Check Requirements

In Florida, there are two kinds of background checks. These are as follows:

• Level 1 Checks. Level 1 checks are state-only, name-based checks. They include a dive into an applicant’s employment history, as well as state or local criminal history. They also check to see whether the applicant’s name is on the national sex offender registry. In some cases, they may include a credit check, and a local criminal records check.
• Level 2 Checks. Level 2 checks require fingerprinting and a comprehensive FBI and Florida Department of Law Enforcement (FDLE) background check. Applicants who have prohibited offenses on their record will be rejected after these checks.

The list of prohibited offenses for Level 1 and 2 checks is long. According to the Florida State Government website:

Level 1 and 2 standards provide that no persons have been arrested for and are awaiting final disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction2 :

(a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct.

(b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct.

(c) Section 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults.

(d) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection.

(e) Section 782.04, relating to murder.

(f) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child.

(g) Section 782.071, relating to vehicular homicide.

(h) Section 782.09, relating to killing of an unborn child by injury to the mother.

(i) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony. (j) Section 784.011, relating to assault, if the victim of the offense was a minor.

(k) Section 784.03, relating to battery, if the victim of the offense was a minor.

There are many other disqualifying offenses Florida employers should be aware of. Consult the government website for a comprehensive list of disqualifying charges.

What Is a Level 3 Background Check?

Level 1 and 2 background checks are statutorily defined in Ch. 435, Fla. Stat. (2021).

A level 3 background check does not exist in Florida.

However, some people refer to the Florida Department of Law Enforcement (FDLE) background check as a Level 3 background check as described elsewhere in this article.

What Information Does an FDLE Background Check Contain?

Frequently, employers use the term “background check” as a synonym for “criminal background check.” This causes confusion for many hiring companies. FDLE wants to set the record straight.

Here’s what the organization has to say about the information contained in their background checks:

From the FDLE perspective, a background check is a criminal history record check to determine if a person has been arrested and/or convicted of a crime. Although some companies use the phrase “background check” to include driver’s record checks, credit checks, or interviews with neighbors and employers, for FDLE purposes, it includes a search of the following databases:

1. The Florida Computerized Criminal History Central Repository for Florida arrests (state check).
2. The Florida Computerized Criminal History Central Repository for Florida arrests AND the national criminal history database at the FBI for federal arrests and arrests from other states (state and national check).
3. The Florida Crime Information Center for warrants and domestic violence injunctions (warrant files check).

The national record check is based on the submission of fingerprints. For state record checks, submissions may be based on a name (and other descriptors) or fingerprints.

While some companies utilize FBI information in their background checks, as well, the FDLE remains an essential resource for Florida employers.

What Shows up on a Florida Background Check?

Most employers who complete pre-employment background checks through iprospectcheck ask for criminal history information, employment verification, and information about their applicants’ education and credentials.

Depending on the particular position for which you are hiring, you might also ask for other types of relevant information.

Here’s what might appear on these reports.

Criminal Records

If any of your candidates have criminal records, your Florida pre-employment background check might include the following types of information:

• Charging information
• Date the case was filed
• Disposition of the case
• Disposition date
• Level of the offense (misdemeanor or felony)
• Sentencing information

Past Employment Verification

Verifying your applicants’ employment history is an essential part of a pre-employment background check. It is an unfortunate fact that some applicants will lie about their past employment histories on their applications or resumes.

When you request an employment verification, you will receive the dates of employment at each job as well as the different positions that your applicant held at each one. This type of information can help you to make sure that your applicants are qualified and trustworthy while also protecting you from liability.

Education Verification

Employers hiring for positions that require degrees might request education verification reports to confirm the educational attainment of their applicants.

Education verification reveals the following information about the schools an applicant has previously attended:

• Name and address of the educational institution
• Dates the applicant attended the school
• Any diplomas or degrees earned

Professional License Verification

Employers that hire for positions that require professional licenses might request professional license verification.

Professional license verification reveals the following information about an applicant’s license:

• Issuance date
• License number
• Type of license
• Name of the licensee
• Whether the license is valid
• Expiration date
• Sanctions/discipline against the licensee

How to Get a Background Check in Florida for Employment

To conduct a background check in Florida, employers can use two different methods, including trying a do-it-yourself approach or working with a reliable third-party background check company like iprospectcheck.

1. DIY Background Check

Some employers complete DIY background checks. They might submit requests to the Florida Department of Law Enforcement’s Division of Criminal Justice Information Services, an applicant’s former employers and educational institutions, and check the state’s sex offender registry.

Employers attempting a DIY background check might also search online for information about applicants and try to find information in other ways.

Checking an applicant’s social media history or completing name searches on Google can also return inaccurate information.

In some cases, you might end up with negative information that could cause you to violate the law if you use it to make an adverse employment decision.

A DIY background check can take weeks to complete, and it might return information that is incorrect, outdated, or that returns information for the wrong person.

In some cases, information received through these types of searches might not comply with the FCRA and other relevant laws, potentially exposing you to liability.

Some Florida employers mistakenly believe that one site, StateofFlorida.com, is an official state government website.

However, this site is not affiliated with the government of Florida and includes a disclaimer at the bottom of its page stating that it is not owned, operated, endorsed, or approved by the state.

While this site advertises that it offers background checks, it is unclear what types of background checks it provides or how accurate and up to date they might be. The site also does not indicate whether its reports comply with the FCRA.

Since these pieces of information are unknown, it is a better idea for employers to work with a reputable background check provider that provides accurate, FCRA-compliant, and up-to-date employment background checks like iprospectcheck.

2. Partner With a Third-Party Background Check Provider

The best way to conduct comprehensive and FCRA-compliant background checks is to partner with a reliable background check company like iprospectcheck.

We use advanced research methodologies and leverage our access to reliable information databases to quickly return background check reports to our clients.

When you work with us, you can select the types of information that you need for a comprehensive pre-employment background check that will fully comply with the FCRA and other important state and local laws.

Important Laws & Regulations for 2024

Employers must comply with federal and state laws when they conduct pre-employment background checks.

Below are the most important federal and state laws.

Federal Background Check Laws

Fair Credit Reporting Act (FCRA)

The FCRA is a comprehensive consumer privacy law.

This law is enforced by the Federal Trade Commission and protects the privacy of consumers in the information gathered by, held, and reported by consumer reporting agencies (CRAs), including companies that conduct background checks for employers.

The FCRA also regulates how employers can use the information they obtain from employment background checks.

You must notify your applicants in writing that you intend to conduct background checks and obtain their written consent.

If you decide not to hire an applicant based on a background check, you must complete the adverse action process before making a final adverse hiring decision.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on an applicant’s or employee’s protected characteristics.

Under this law, you must individually assess convictions as they directly relate to your jobs before deciding not to hire an applicant based on his or her criminal record.

Fair Chance to Compete for Jobs Act

The Fair Chance to Compete for Jobs Act was included as an amendment to the National Defense Authorizations Act and became effective on December 20, 2021.

This law is a federal ban-the-box law that applies to federal agencies, defense contractors, and civilian contractors that contract with the federal government.

Covered employers are prohibited from requiring applicants to disclose their criminal records before they are extended conditional offers of employment under this law.

They also can’t ask about criminal record information on their applications or during interviews.

Federal contractors and agencies that are required by federal laws or regulations to exclude individuals with certain criminal convictions are exempted under this law.

Florida State Background Check Laws

Disqualification of Public Employees Based on Criminal Convictions

Under §112.011, Fla. Stat. (2021), 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. (2021), 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.

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.

Orange County

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

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 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 that includes the following factors:

• Type of offense and its severity
• How old the individual was at the time of the offense
• How long it has 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 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.

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.

Are There Limitations on What Information Employers in Florida Can Use?

Yes. Certain Florida background check records are subject to limitations under the federal Fair Credit Reporting Act or FCRA. According to the FCRA’s “7-year rule,” for example, certain criminal records must be removed from an applicant’s history after seven years.

These records include civil lawsuits, judgments against an applicant, arrest records, and paid tax liens. The FCRA also imposes a few additional restrictions on Florida employers.

Additionally, the FCRA requires employers who run background checks to ensure the information in the report is current and accurate. If it is not, an applicant has the right to dispute the background check’s contents, which will trigger an investigation by the reporting agency. If the investigation proves the report is inaccurate, the applicant and employer will both receive written notices.

If employers or background check service providers fail to follow this set of requirements, applicants may be entitled to file a claim under the FCRA.

As a Florida Employer, How Do I Stay Compliant With the FCRA?

You must remain compliant with the FCRA, Title VII, and state and local laws when you conduct background checks.

If you violate the background check laws, you can face fines, penalties, and litigation.

Here are some tips to ensure you stay compliant.

1. Conduct Your Background Check at the Right Time.

If you are a public sector employer in a city or county that has enacted a ban-the-box law, pay attention to the rules on when you can conduct a background check in your area.

Some cities and counties mandate waiting until after you have interviewed an applicant.

2. Notify Your Applicants in Writing

You must notify your applicants that you intend to conduct background checks.

Provide this notice in writing on a standalone form.

3. Obtain Written Consent

After notifying your applicants, you must obtain their written consent before you conduct background checks.

4. Individually Assess Convictions

If you learn that an applicant has a criminal conviction, you must individually assess it to determine whether it directly relates to the job before making a hiring decision.

The EEOC requires employers to consider the following:

• The severity of the offense in question.
• The amount of time that has passed since the conviction.
• How the offense relates to the job.

Additionally, employers are encouraged to give the applicant a chance to explain the criminal conviction and the circ*mstances under which it took place.

In some cases, regulations may bar an employer from considering arrests in an applicant’s criminal history and encourage them to focus on actual convictions, instead.

5. Send a Pre-Adverse Action Notice

If you decide not to hire an applicant based on information in a background check report, you must send a pre-adverse action notice. This notice should identify the problematic information and include a copy of the report.

You must then give the applicant a short time to provide mitigating evidence or correct inaccurate information.

6. Send a Final Adverse Action Notice

If you still decide against hiring the applicant after completing the adverse action process, you must send a final adverse action notice.

Provide the name and contact information of the CRA that provided the report along with a statement that the CRA did not make the hiring decision.

Include a copy of the applicant’s rights under the FCRA.

Sample Florida Background Check Policy

Your company should create a background check policy to ensure your screening and hiring process remains consistent and doesn’t violate relevant employment laws.

For your reference, here’s a sample Florida background screening policy.

BACKGROUND CHECK POLICY FOR [COMPANY NAME]

Purpose

[COMPANY NAME] strives to identify, hire, and promote the best-qualified applicants and prioritizes employment background checks as a key component of the hiring and promotion processes. Whenever [COMPANY NAME] conducts employment background checks to make employment decisions, the information revealed will be used in a manner that complies with all relevant state, local, and federal laws.

Background Check Scope

Background checks will be performed on each applicant under consideration and employees when the company makes other types of employment decisions.

Background Check Procedures

Background Checks

At [COMPANY NAME], all employment background checks are conducted in compliance with all relevant state and federal laws, including the Fair Credit Reporting Act (FCRA), Title VII of the Civil Rights Act of 1964 (Title VII), and any local laws that might apply to specific business locations as follows:

Before [COMPANY NAME] conducts background checks, it will provide each applicant or employee with a written notice that the company intends to conduct a background check. The applicant or employee will have the ability to obtain a free copy of any background check reports completed. After giving the applicant or employee notice of the background check requirement, the company will not conduct the check until it obtains a signed authorization from the applicant or employee through which they consent to the background check.

Consumer Credit Reports

[COMPANY NAME] only requests consumer credit reports in limited cases but does not request them for most positions. For example, a consumer credit report might be requested when an employee or applicant is under consideration for a supervisory role that involves accessing the company’s bank account or company credit card account information. If the company requires a consumer credit report, it follows all federal and state laws.

Use of Information/Confidentiality

Information revealed on background checks conducted by [COMPANY NAME] is only used for employment purposes. All information obtained on background checks is confidential and is maintained in compliance with all relevant laws. Only designated, authorized individuals can access or review background check reports upon the approval of Human Resources. Background check information will not be disseminated to employees or the public.

To learn more about the background check policy at [COMPANY NAME], contact the Human Resources department.

iprospectcheck: Your Trusted Partner for Fast, Accurate, Compliant Florida Background Checks

Conducting pre-employment background checks as a regular part of your hiring process can help to protect your business.

However, you will need to make sure that your background checks comply with all the laws governing pre-employment background checks.

When you work with iprospectcheck, our background checks are fully compliant with these laws. Our staff undergoes training to ensure that they understand how to find the types of information that our clients require.

By using the latest technology, we can find all of the information you might require quickly so that you can move forward with the onboarding process.

To learn more about how we can help your company with its pre-employment background checks, schedule a free consultation with iprospectcheck today.

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.