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Preemployment Screening and Testing: Florida

Preemployment Screening and Testing requirements for other states

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

Author: Phillip B. Russell, Ogletree Deakins


  • Conducting effective background checks in Florida requires balancing the privacy rights of employees against the need to prevent possible claims of 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.
  • Florida statutes restrict government employers' use of certain conviction records. 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.