Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Florida: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Florida has no statewide ban the box law for private employers. Florida Statute § 112.011 provides that a person may not be disqualified from public employment (state, agencies, political subdivisions, or municipalities) solely because of a prior conviction, unless the conviction was for a felony or first degree misdemeanor directly related to the position, but this protection applies only to public sector hiring.
*Gainesville extends its Fair Chance Hiring ordinance to private employers with 15 or more employees. No other Florida jurisdiction does.
Criminal Record Lookback Period
Florida has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Florida has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Florida allows a person to petition the court to seal or expunge a criminal history record, but generally permits only one court ordered sealing or expungement per lifetime, regardless of how many arrests or charges are involved, unless the offenses stem from a single related criminal episode. An applicant must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement before petitioning the court. Certain offenses, including specified sexual and violent offenses, are permanently ineligible for sealing or expungement.
Salary History Ban
Florida does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Florida does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Florida has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Florida has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Florida has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Florida's medical marijuana law does not limit an employer's ability to establish, continue, or enforce a drug free workplace program, does not require an employer to accommodate medical marijuana use in the workplace or an employee working under its influence, and does not create a cause of action against an employer for wrongful discharge or discrimination. Employers may deny employment or take adverse action based on a positive marijuana test regardless of an applicant's or employee's status as a medical marijuana cardholder. Florida has not legalized recreational marijuana.
Pre-Adverse Action Notice & Waiting Period
Florida has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Florida has no state law adding to the federal adverse action notice process. Source Text: No Florida Statute
Authorization Requirements
Florida has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Vulnerable Population & Healthcare Practitioner Screening
Florida requires Level 2, fingerprint based background screening for employees and licensees in positions involving children, the elderly, and disabled or vulnerable persons, with a statutory list of disqualifying offenses. Separately, effective July 1, 2025, nearly all licensed health care practitioners in Florida must complete a Level 2 background screening as a condition of initial licensure or license renewal, expanding a requirement that previously applied only to a narrower set of professions.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
Gainesville, FL Applies to 15+ Employees Fair Chance Hiring Ordinance
Gainesville is the only Florida jurisdiction that extends its Fair Chance Hiring ordinance to private employers with 15 or more employees. Covered employers may not solicit or consider criminal history until after a conditional offer of employment, may never consider arrests or accusations that did not result in a conviction, and must conduct an individualized assessment and provide written notice before taking adverse action based on criminal history. Violations carry a civil penalty starting at $500 for a first offense.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Florida gives employers wide latitude, but a few requirements still apply. To stay compliant:
You may ask about criminal history at any stage of the hiring process statewide, except in Gainesville, where inquiries must wait until after a conditional offer Confirm whether the position requires Level 2, fingerprint based screening under Chapter 435 for roles involving children, the elderly, or vulnerable persons If hiring or renewing a licensed health care practitioner, confirm compliance with the Level 2 background screening requirement under § 456.0135 Do not consider a criminal record that has been sealed or expunged under Florida's one-time relief process Medical marijuana cardholder status does not limit your ability to enforce a drug free workplace policy or act on a positive test Provide FCRA pre-adverse and final adverse action notices before rejecting an applicant based on a background reportNon-compliance can result in civil penalties, damages, and legal liability under both state and local law.
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