Guide to Florida Background Checks

A Florida background check for employment can provide valuable information to employers about a candidate’s history that goes beyond a job application or resume. During the hiring process, employers can choose to screen candidates directly or use a qualified consumer reporting agency (CRA). This guide to Florida background checks covers the details of what they include, how they’re conducted, and which federal, state, and local laws may apply.

Florida employers often run background checks to make informed hiring decisions, reduce organizational risk, and comply with applicable federal, state, and local laws.

By performing a background check, Florida employers can learn more about a candidate’s history and verify information provided on a resume or application. The results of a state of Florida background check can help hiring managers determine whether a candidate is qualified and eligible for an open position. 

Florida background checks can also help employers mitigate risk. Informed hiring decisions can help promote a safe work environment and protect your customers and the general public. In addition, background checks can help safeguard your organization’s reputation and instill confidence in your customer base.

In Florida, there are two levels of background checks that apply to employers who are legally required to screen employees under FL Statute 943.0452. Under these statutes, state agencies and employers in regulated industries– such as healthcare or childcare–must perform Level 1 and Level 2 Florida background checks directly through local, state, and federal law enforcement agencies.

• A Level 1 background check in Florida is a name-based search of records used by state agencies and regulated industries. A Level 1 check may include employment history verification, a statewide criminal background check, and review of the Dru Sjodin National Sex Offender Public Website. If a criminal record is shown during a Level 1 background check, details are not provided about the offense. Employers may also choose to conduct criminal records checks through local law enforcement agencies.

• A Level 2 background check in Florida is a fingerprint background check that searches state and national criminal records. It is also used by state agencies and regulated industries. State criminal record searches are conducted by the Florida Department of Law Enforcement, while national criminal record screenings are conducted by the Federal Bureau of Investigation (FBI). With a Level 2 background check, Florida employers can determine if a candidate is on a sex offender list in Florida or nationally. Depending on the check, it may include criminal records maintained by local law enforcement agencies.

Level 1 and Level 2 background checks in Florida are only required for state agencies and employers in certain industries. These employers may also work with a CRA to conduct other background screenings or gather additional information beyond what is included in Level 1 and Level 2 checks. Employers outside of regulated industries have the choice to partner with a qualified consumer reporting agency (CRA), like Checkr, to perform Florida background checks or conduct searches on their own. 

The cost of a Florida background check depends on the screenings you include, how many you order, and whether you conduct them in-house or partner with a qualified background screening provider. 

Checkr offers customizable packages to meet your background screening needs. Our Basic+ package includes a Social Security number (SSN) trace, sex offender registry search, global watchlist records search, and national criminal records criminal background check. You can easily add additional screenings, such as more comprehensive criminal records searches or credit report checks, based on the industry and role for which you’re hiring. Volume discounts are also available.

Individuals who want to see what employers or landlords may see when conducting a background check can order a personal background check through Checkr. This background check on yourself includes an SSN trace, sex offender registry search, global watchlist records search, and national criminal records check. Individuals can easily order and view their results in the secure Candidate Portal.

How long a background check in Florida takes depends on the scope of the screening, availability of records, and who is conducting the search. For example, if an employer is in a regulated industry and is legally required to conduct a Level 1 or Level 2 background check in Florida, you must go through local, state, and federal law enforcement agencies directly which may be more time consuming.

Florida employers and organizations not within regulated industries often partner with a qualified CRA, like Checkr, for faster turnaround times. With access to thousands of databases and relationships with courthouses across the country, Checkr provides comprehensive reporting with a streamlined process. In fact, we complete 89% of all criminal checks, including county searches, complete in one hour. 

See how Rock Point Church was able to offer prospective employees and volunteers a way to quickly and easily complete their background checks on their phones, while supporting their mission of fair chance hiring. 

Generally, there are no state laws in Florida that regulate how far back a pre-employment background check can go. This means that some screenings can look indefinitely into someone’s history—including criminal records. However, local Ban the Box laws may limit how someone’s criminal background can impact consideration for a job.

Employers in Florida who conduct background checks through a CRA, like Checkr, must also comply with the federal Fair Credit Reporting Act (FCRA). The FCRA restricts most information reported by a CRA to a seven-year lookback period. This includes arrest records, civil judgments, tax liens, and most credit report information. It excludes bankruptcies, which may be reported for up to 10 years, and criminal convictions, which may be reported indefinitely.

Employers must comply with federal and state regulations, plus any applicable local restrictions like fair hiring laws when conducting Florida background checks. You may wish to adhere to the most stringent laws or consult legal counsel if you have questions about compliance with screening laws.

The state of Florida has stated that companies can significantly reduce the risk of negligent hiring claims if a background check is run before the hiring of an employee. In this instance, background checks are mandated to go through the Florida Department of Law Enforcement. If the employer conducts a criminal background check and there is no adverse information that would disqualify a candidate from being hired or promoted, it’s presumed the employer was not negligent during the hiring process.

Here is what else you should know about Florida background check laws:

Summary: Under Senate Bill 898, known as “Miya’s Law,” landlords are required to conduct pre-employment background checks as part of their hiring process. To be compliant, landlords must use a CRA to handle the screening and include a sex offender registry search across all 50 states and the District of Columbia plus a criminal history. If the background check shows that a candidate was found guilty of certain violent offenses they may be disqualified from employment for safety reasons. See law.

Summary: Florida employers that choose to work with a CRA for background checks must comply with federal FCRA requirements. Under the FCRA, employers must provide a candidate with proper disclosure of their intent to conduct a pre-employment background check, receive written consent from the candidate before proceeding, and follow the adverse action process should you decide not to hire the candidate based on the results of a background check. See law.

Although Florida does not have a statewide fair hiring law, many cities and counties have enacted their own Ban the Box laws that may impact when employers are permitted to ask about a candidate's criminal history or run a criminal background check during the hiring process. Local jurisdictions with these regulations include: 

As an employer in Florida, working with a qualified background check provider can help streamline the hiring process with speed, accuracy, and access to the right screening resources. Checkr offers multiple screening options, including criminal record checks, motor vehicle records, employment and education history, and more, to meet the needs of any size business. Plus, our modern platform has built-in compliance tools and automated workflows to support faster, fair hiring. Get started with background checks in Florida.

About the author

Hayley Harrison writes about a wide range of business topics and best practices, including background checks, candidate experience, and recruitment and retention. Her work includes educational articles, e-books, and blog posts.