Preemployment Screening and Testing: Florida

Federal law and guidance on this subject should be reviewed together with this section.

Author: Phillip B. Russell, Ogletree Deakins

Summary

• Conducting effective background checks in Florida requires balancing the privacy rights of employees against the need to prevent possible claims of negligent hiring. See Negligent Hiring.
• Applicants for employment do not need to reveal sealed arrest and conviction records except in limited situations. See Arrest and Conviction Records.
• Organizations dealing with the care of children, the elderly and the disabled may obtain background checks through the Department of Law Enforcement. See Arrest and Conviction Records.
• Employers must notify employees if their personal information has been released to an unauthorized person. See Guarding Against Unauthorized Access and Use.
• Florida law prohibits any person from hiring an alien who is not authorized to work in the United States. See Education and Employment Verifications.
• Florida prohibits the use of sickle-cell trait results as the basis for employment decisions. See Medical Testing.
• Florida prohibits the use of HIV test results as the basis for employment decisions unless the absence of HIV is a legitimate occupational qualification. See Medical Testing.
• Statutory requirements apply to private employers who choose to establish drug-free programs to obtain discounts in workers' compensation premiums and deny medical and indemnity benefits under the workers' compensation laws. See Drug and Alcohol Testing.
• Miami-Dade County has requirements pertaining to Preemployment Screening and Testing. See Local Requirements.