...
Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Florida has no laws or regulations specifically prohibiting arrest or conviction record inquiries.
Florida state agencies and municipalities may not disqualify a person from employment solely because of a conviction, unless the crime directly relates to the job and the crime was a felony or first degree misdemeanor. These restrictions do not apply to law enforcement, correctional agencies, fire departments, nor county/municipalities hiring personnel critical to security or public safety. FL Stat § 112.011.
Applicants convicted of drug offenses are disqualified from applying for employment with Florida agencies, unless the applicant has completed all sentences or sanctions, sought evaluation and enrollment in a drug treatment rehabilitation program if necessary, and submits to periodic urine drug testing. FL Stat § 775.16.
Employer immunity from disclosure claims
In Florida, an employer/former employer may disclose information about employee/former employee to a prospective employer upon request, unless the information is knowingly false or violates a civil right. An employer/former employer may be liable for disclosures that are knowingly false or violate a civil right.
A person may provide employment information to a financial institution or financial institution regulatory agency, unless the information is false and provided recklessly.
An employer must disclose “employment information” as defined by Florida Statute 943.134 to any authorized law enforcement, correctional, or probation officer who requests such information about a person for employment purposes.
Two or more people may not take actions in order to prevent another person from obtaining or keeping employment.
An employer/former employer may share personnel files, including those containing disciplinary actions and termination reasons, unless the records are falsified maliciously.
State
Contacts
Employer immunity from disclosure claims
Florida Agency for Workforce Innovation
Florida Commission on Human Relations
Florida Department of Financial Services
Arrest record inquiries
Florida Commission on Human Relations
Florida Agency for Workforce Innovation; Office for Civil Rights
Conviction record inquiries
Florida Commission on Human Relations
Florida Agency for Workforce Innovation; Office for Civil Rights
Regulations
Employer immunity from disclosure claims
Florida Statute Title XXXI, Chapter 435 - Sharing of personnel information among employers (§435.10)
Florida Statute Title XXXVIII, Chapter 655 – Employment information (§655.51)
Florida Statute Title XLV, Chapter 768 - Employer immunity from liability; Disclosure of information regarding former and current employees (§768.095)
Florida Statute Title XLV, Chapter 768 - Employer presumption against negligent hiring (§768.096)
Florida Statute Title XLVII, Chapter 943 - Release of employee information by employers (§943.134)
Arrest record inquiries
None.
Conviction record inquiries
Florida Statute Title X, Chapter 112 - Felons; removal of disqualifications for employment, exceptions (§112.011)
Florida Statute Title XLVI, Chapter 775 - Drug offenses; additional penalties (§775.16)
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.