Florida
  • Updated on 12 Mar 2020
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Florida

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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.


COUNTY LAWS

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 Sarasota 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 Sarasota may only inquire into criminal history after a conditional offer.

Adverse action implications: None

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