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Florida background check laws for employers
Florida has no ban-the-box or fair-chance law for private employers and no state consumer reporting law for employment beyond the federal FCRA. People with sealed or expunged records may lawfully deny the arrest to most employers, but not to listed employers such as healthcare and education providers. Healthcare providers licensed by the state must use Level 2 fingerprint screening for direct-care staff.
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Fair-chance hiring (criminal history)
- No Florida statute was found that limits when a private employer may ask about criminal history or that requires an individualized assessment; federal FCRA steps apply.
- For public jobs only, the state and local governments may not disqualify a person solely because of a prior conviction unless it was a felony or first-degree misdemeanor directly related to the job (Fla. Stat. § 112.011(1)(a)).
City and county rules
- Tampa awards bonus points in some city contract solicitations to firms that document compliance with its Ban-the-Box ordinance; this is an incentive for city contractors, not a rule for all private employers (City of Tampa RFQ, 2026).
State consumer report rules
- No Florida law adding steps beyond the federal FCRA for employment background checks was found; federal FCRA rules apply.
How far back a report can go
- No Florida law limiting how far back a background report may go was found; the federal FCRA limits apply.
- A person whose record was expunged may lawfully deny or not acknowledge the arrests covered by it, except when applying to listed employers such as criminal justice agencies, schools, and providers licensed by health and social service agencies for jobs with direct contact with children, the disabled or the elderly (Fla. Stat. § 943.0585(6)(b)).
- A person whose record was sealed may also lawfully deny the arrests, with similar exceptions, including people screened through the Care Provider Background Screening Clearinghouse (Fla. Stat. § 943.059(6)(b)).
- Both sections were amended in 2026 (ch. 2026-114, Laws of Fla.), and the rules above reflect the current official text (Fla. Stat. §§ 943.0585, 943.059).
Credit checks
- No Florida statute was found that limits employer use of credit reports beyond the federal FCRA.
Also good to know
- Healthcare providers licensed by the Agency for Health Care Administration must, where their licensing law requires it, run Level 2 background screening, including state and FBI fingerprint checks, on employees who give personal care or have access to client funds, property or living areas (Fla. Stat. § 408.809(1)(e); § 435.04(1)(a)).
Common questions
Can Florida employers run a background check?
Florida has no ban-the-box or fair-chance law for private employers and no state consumer reporting law for employment beyond the federal FCRA. People with sealed or expunged records may lawfully deny the arrest to most employers, but not to listed employers such as healthcare and education providers. Healthcare providers licensed by the state must use Level 2 fingerprint screening for direct-care staff.
Does Florida have a ban-the-box law for private employers?
No Florida statute was found that limits when a private employer may ask about criminal history or that requires an individualized assessment; federal FCRA steps apply.
How far back does a background check go in Florida?
No Florida law limiting how far back a background report may go was found; the federal FCRA limits apply.
Can Florida employers run credit checks on applicants?
No Florida statute was found that limits employer use of credit reports beyond the federal FCRA.
Some rules for Florida weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- Fla. Stat. § 943.0585 (official)
- Fla. Stat. § 943.059 (official)
- Fla. Stat. § 112.011 (official)
- Fla. Stat. § 408.809 (official)
- Fla. Stat. ch. 435 (official)
- City of Tampa RFQ 25-D-00400D, Ban-The-Box bonus points (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.
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