Florida
  • 09 Feb 2022
  • Dark
    Light
  • PDF

Florida

  • Dark
    Light
  • PDF

Ban-The-Box & Fair Hiring Laws By State

We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.


LOCAL JURISDICTIONS

BROWARD COUNTY, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for Broward County, FL.

Timing of inquiry: Public sector employers for Broward County may only inquire into criminal history after the candidate has been selected as a finalist and interviewed.

Adverse action implications:

  • Individualized assessment. Employers covered under this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Pre-adverse action notice: Include the individualized assessment with the pre-adverse action notice, inform the candidate how the criminal history relates to the job, and why the criminal history was determined to be inconsistent with business necessities.

CLEARWATER, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Clearwater, FL.

Timing of inquiry: Public sector employers for the City of Clearwater may only inquire into criminal history after the interview, but prior to hiring.

Adverse action implications:

  • Individualized assessment. This location requires employers to conduct an individualized assessment prior to sending a final adverse action notice.

DAYTONA BEACH, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Daytona Beach, FL.

Timing of inquiry: Public sector employers for the City of Daytona Beach may only inquire into criminal history after it has expressed a desire to hire the individual.

Adverse action implications: None

FORT MYERS, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Fort Myers, FL.

Timing of inquiry: Public sector employers for the City of Fort Myers may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

GAINESVILLE, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Gainesville, FL.

Timing of inquiry: Public sector employers for the City of Gainesville may only inquire into criminal history after a verbal offer of employment has been made.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

JACKSONVILLE, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Jacksonville, FL.

Timing of inquiry: Public sector employers for the City of Jacksonville only inquire into criminal history as part of the post-offer new hire process.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.

MIAMI DADE COUNTY, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the County of Miami-Dade, FL.

Timing of inquiry: Public sector employers for Miami-Dade County may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action notice. The final adverse action process must inform the applicant which parts of the report led to final adverse action.

ORLANDO, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Orlando, FL.

Timing of inquiry: Public sector employers for Miami-Dade County may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment. Employers covered by this law must conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action notice. The final adverse action process must inform the applicant which parts of the report led to final adverse action.

POMPANO BEACH, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Pompano Beach, FL.

Timing of inquiry: Public sector employers for the City of Pompano Beach may only inquire into criminal history after the initial interview.

Adverse action implications:

  • Individualized assessment. This location requires employers to conduct an individualized assessment prior to sending a final adverse action notice.
  • Final adverse action notice. The final adverse action process must inform the applicant which parts of the report led to final adverse action.

SARASOTA, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Sarasota, FL.

Timing of inquiry: Public sector employers for the City of Sarasota may only inquire into criminal history at the final phase of the selection process.

Adverse action implications:

  • Individualized assessment. This location requires the employer to conduct an individualized assessment prior to sending a final adverse action notice.

ST. PETERSBURG, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of St. Petersburg, FL.

Timing of inquiry: Public sector employers for the City of St. Petersburg may not inquire into criminal history on the application.

Adverse action implications: None

TAMPA, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Tampa, FL.

Timing of inquiry: Public sector employers for the City of Tampa may only inquire into criminal history after a conditional offer.

Adverse action implications: None

TALLAHASSEE, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only if you are a public sector employer for the City of Tallahassee, FL.

Timing of inquiry: Public sector employers for the City of Tallahassee may only inquire into criminal history after a conditional offer.

Adverse action implications: None


TAMARAC, FL – PUBLIC SECTOR

Who must follow: This ban-the-box law applies to the City of Tamarac. City Contractors are also highly encouraged to comply. Exceptions apply for positions with unsupervised access to children or vulnerable persons, law enforcement positions, and where consideration of criminal history is required by law.

Timing of inquiry: Public sector employers for the City of Tamarac may only inquire into criminal history until after the candidate is determined to be otherwise qualified for the position. The City may not implement a policy that automatically or categorically excludes individuals with a criminal record from consideration prior to an initial determination that the applicant is otherwise qualified for the position.

Adverse action implications: None.


Was this article helpful?

What's Next