English
Dutch
French
German
Japanese
Portuguese
Spanish
Know Your Customers & Crew
Menu
Florida’s laws add to the complexity of employment-related screening. Specific statutes apply when a background check is required by Florida law. The purpose of this section is to demystify these laws so you can focus on onboarding your people safely.
Generally speaking, private employers in Florida need not do anything differently from their normal employment process—unless the position being filled is “covered,” meaning that it is a job that exposes an incumbent or potential employee to official confidential information, or to minors or vulnerable adults—and requires specific pre-employment and periodical post-employment checks to assure the safety of public records and vulnerable persons.
“Florida’s screening laws apply to the state’s own employment processes; it is not intended to mandate the screening standards to private enterprises—unless they function as a ‘state employer’ or ‘agency.’ ... [which] include ... licensees, and contractors and volunteers ... Furthermore, Florida’s Education Code ... includes any ‘vendor, individual, or entity under contract with a school or school board’.”
The law’s Chapter 4351 makes clear that Florida’s screening laws apply to the state’s own employment processes; it is not intended to mandate the screening standards to private enterprises—unless they function as a “state employer” or “agency.”
Employers as defined in this law include private firms when they perform certain work (that is regulated by the state); and, in addition to the state’s Department of Children and Families and other departments, state agencies may be counties and municipalities that grant licenses or registrations that permit the operation of an “employer,” or is itself an employer.
Employees for purposes of this law are not limited to direct hires; they also include licensees (organizations or individuals licensed by the state to perform certain work), and contractors and volunteers working on behalf of the state or any county or municipality acting as an “agency” of the state.
Furthermore, Florida’s Education Code2 requires that “certain non-instructional school district employees and contractors,” which includes any “vendor, individual, or entity under contract with a school or the school board” meet Level 2 screening requirements.
The principal purpose of these laws is to protect vulnerable persons; that is minors and vulnerable adults. The following paragraphs describe these two groups of people:
Minor is any person who has not attained the age of 18.
Vulnerable adult is any “person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to mental, emotional, sensory, long-term physical or developmental disability or dysfunction, or brain damage, or the infirmities of aging.”
Another Florida law criminalizes the misuse of Florida’s confidential information3 and requires that employees with access to confidential information meet Level 2 background checks.
Confidential information that can be misused is that to which any “public servant” has access to in their official capacity and can be of any “pecuniary [monetary value] or other benefit” to the public servant or “another.”
It stands to reason that public servants are normally employees of a government, and employees are defined elsewhere in the Florida statutes to include contractors, licensees and volunteers.
Employers filling positions that must meet Florida’s employment screening statutes must be familiar with the two levels defined by law: Level 1 and Level 2.
Level 1 screenings are name-based security checks for minors; that is, for applicants or incumbents under the age of 18.
As a condition to employment or continued employment, minor incumbents and applicants for employment for a covered job must be investigated as follows, at a minimum:
1. Employment history
2. Statewide (Florida) criminal check
3. National Sex Offender Public Website
“...Florida law criminalizes the misuse of Florida’s confidential information1 and requires that employees [which includes licensees, contractors and volunteers] with access to confidential information meet Level 2 background checks.”
Remember that these are minimums, not limitations. The law also suggests—and KYC Solutions recommends—that logical, local criminal records checks may be conducted in addition to the required statewide check. The main reason for this is that not all local incidents get reported to the statewide database and the reported incidents that are reported may be generalized and incomplete.
Another point is about employment histories, which should not be limited to just the last one or two employers. You should go back no less than seven years.
Level 2 screenings are for individuals who are 18 years old or older.
As a condition of employment or continued employment in a position covered by law, all candidates or incumbents who hold, or are candidates for, “positions of special trust or responsibility” must be investigated as follows at a minimum, but greater investigation is encouraged:
1. Fingerprints submitted electronically to FDLE
2. Statewide (Florida) criminal check (based on fingerprints)
3. Nationwide criminal history through the FBI (based on fingerprints)
Positions of special trust or responsibility are those in which the state employment candidate or incumbent—
• has access to and can alter or destroy confidential information, records or files; or,
• provides care to and works with children, the developmentally disabled or vulnerable adults.
Although this definition pertains to state “employees, remember that the definition of employee includes contractors and volunteers for state programs.
The list of disqualifying violations is long but not all hope is lost if an individual has a history. (More on this below.) For now let us first take a look at an incomplete and generalized list of disqualifying violations for covered jobs:
This list of violations likely are disqualifying for covered jobs (p. 85) because applicants and incumbents—
A point to remember is that, save for a handful of violations like murder, sexual battery, kidnapping and crimes against minors, individuals with a history can still qualify for employment or continued employment if an exception is granted by the head of a sponsoring agency.
Exceptions take into account the type and severity of the violation, time elapsed since the violation, and evidence of rehabilitation, among other factors.
All hope is not lost!
“... individuals with a history can ... qualify for employment or continued employment if an exception is granted by the head of a sponsoring agency..”
1 Florida Statutes, Title XXXI, Labor, Chapter 435, Employment Screening.
2 Florida Statutes, Title XLVIII, Education Code, Chapter 1012, Personnel.
3 Florida Statutes, Title XLVI, Crimes, Chapter 839, Offenses by Public Officers and Employees, 839.26 – Misuse of confidential information.
Know Your Customers & Crew
