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Summary of differences between federal and state regulations
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
Florida Agency for Workforce Innovation
Florida Commission on Human Relations
Florida Department of Financial Services
Regulations
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)
Federal
Contacts
None.
Regulations
None.