Background Screening Rules and Regulations in Florida: A Guide for Employers and Landlords

This report provides Florida-specific guidance for employers and landlords on conducting background checks in a compliant, lawful manner. It outlines state laws and procedures in Florida (with emphasis on employment screening) and highlights key federal regulations (like the Fair Credit Reporting Act) that also apply. The goal is to explain what records can be checked, how to use them legally, consent and notice requirements, and special rules for certain situations – all in plain language for non-experts.

If you would like to run your own background checks in Florida, SentryLink is ready to help you.

Federal Regulations Affecting Background Checks (FCRA and More)

Even when focusing on Florida law, employers and landlords must follow certain federal laws for background checks:

• Fair Credit Reporting Act (FCRA): This federal law applies when using a consumer reporting agency (CRA) to get background information (such as credit reports, criminal history compilations, tenant screening reports, etc.). Under the FCRA, you must have the individual’s written consent before obtaining a background report. You also must provide required notices if you decide to take an adverse action (e.g. not hiring an applicant or denying a lease) based on the report. Specifically:
  • Pre-Adverse Action Notice: Before a final decision, you must give the person a notice with a copy of their background report and a summary of their FCRA rights (Background Checks: What Employers Need to Know | Federal Trade Commission). This gives them a chance to review and dispute any errors.
  • Adverse Action Notice: After you make a final adverse decision, you must inform the person that the decision was based on the background report and give the name/contact of the CRA that provided it. You must also inform them of their right to dispute the report’s accuracy and to obtain a free copy of their report within 60 days.
  These steps are required every time you rely on a background report from a third-party agency for employment or housing decisions. FCRA limits certain information in these reports to a 7-year timeframe (for instance, arrest records, civil suits, and most credit data older than 7 years cannot be reported) except that criminal convictions may be reported indefinitely. Always ensure FCRA compliance to avoid legal liability.
• Anti-Discrimination Laws (EEOC & Fair Housing: Background checks must be used in a non-discriminatory way. The federal Equal Employment Opportunity Commission (EEOC) interprets Title VII of the Civil Rights Act to prohibit policies that disproportionately exclude protected groups (e.g. blanket bans on hiring anyone with a criminal record could have a disparate impact based on race or national origin). (Questions and Answers about the EEOC’s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII | U.S. Equal Employment Opportunity Commission). Employers are urged to focus on convictions relevant to the job and consider the nature and recency of any offense, rather than automatically disqualifying someone for any criminal history. Likewise, the federal Fair Housing Act (FHA) prohibits housing practices that discriminate based on race, color, religion, sex, disability, familial status, or national origin. The U.S. Department of Housing and Urban Development (HUD) has advised that blanket policies refusing to rent to anyone with a criminal record can violate the FHA if they are not narrowly tailored and necessary for safety. Notably, HUD’s guidance states that refusing housing solely because of an arrest (with no conviction) is unjustified and violates fair housing rules (HUD limits housing exclusion based on criminal history).

Always get written consent for background checks, provide required notices, and ensure you’re not unfairly discriminating. These federal rules set the baseline that Florida employers and landlords must follow in addition to state law.

Florida Laws and Regulations – Employment Background Checks

Florida law provides additional rules and guidance on how background checks can be conducted for employment. Below are key Florida-specific laws, the types of records you can access, and state requirements to keep in mind:

Public Records and Types of Background Information in Florida

Florida is known for broad public records access. Criminal history information in Florida is generally public and accessible to anyone (including employers and landlords) through official channels. In fact, under Florida law, adult criminal history records are public unless they have been sealed or expunged ( Seal and Expunge FAQ ). This means that convictions, arrests, and related court records that have not been sealed by a judge can be searched and viewed by employers or landlords. Key types of background records and how they are accessed in Florida include:

• Criminal Records: The Florida Department of Law Enforcement (FDLE) is the central repository for Florida criminal history. FDLE offers an online Criminal History Record Check for the public. Any person or company can request a Florida statewide criminal background check for a fee ( Florida Criminal History Record Check ). The online “Instant Search” provides immediate, uncertified results of Florida arrests and convictions. This is a name-based search of Florida’s records. For a more thorough check, some employers use fingerprinting to get state and national records. A “Level 2” background check in Florida refers to a fingerprint-based search of both state and FBI national criminal databases (including searches of all states’ criminal and sex offender registries) (CS/SB 898) (Level-2 Background Screening Requirements ). Level 2 checks are required by Florida law for certain jobs (explained below in Special Florida Requirements by Job Type). In contrast, a “Level 1” check usually means a name-based statewide search (often just Florida records).
• Civil Court Records and Eviction History: Civil judgments, lawsuits, and evictions in Florida are generally public record. Florida does not have a single statewide public portal for all trial court records, but each County Clerk of Court provides online access to court records (often free to search). For example, the Florida Clerks of Court maintain an online system where you can select a county and search court records (Online Court Records Search). Landlords commonly search the county court dockets for eviction cases filed against a prospective tenant. These court records can show past landlord-tenant disputes, civil judgments, or lawsuits involving an individual. There is no Florida state restriction on using such public civil records in screening, aside from the general rule to avoid discriminatory use.
• Credit Reports: An employment or tenant credit report is obtained through the national credit bureaus or specialized tenant screening agencies. Florida law does not prohibit employers from considering credit history (unlike some states). However, the FCRA requires you to get the person’s written permission specifically for a credit check and to notify them of their rights if you take adverse action due to credit info. Always ensure the report is for a lawful purpose (employment or housing) and keep the information confidential. There are no Florida-specific limits on what credit data can be used beyond the federal FCRA limits (e.g. most credit delinquencies over 7 years old won’t appear on a report by law).
• Driving Records: If driving is relevant to the job or tenancy (for example, a delivery driver or someone who will be driving company vehicles), you may check Florida driving records. The Florida Department of Highway Safety and Motor Vehicles — and SentryLink — offer driving history records for a fee. Employers should get the applicant’s consent (the FDLE negligent hiring law actually lists driving record checks, with consent, as part of a due-diligence background investigation ( Chapter 768 Section 096 – 2011 Florida Statutes – The Florida Senate )). Florida driving records will show violations, suspensions, and DUIs. There’s no special Florida restriction on using this information, but again it should be job-related (for employment) or relevant to tenant responsibilities.
• Educational and Employment Verification: These are typically done by contacting schools or past employers and are not regulated by a specific Florida statute. Just be sure to comply with FCRA if you hire a third-party to verify credentials — that counts as a consumer report. Florida does not impose additional credential-check rules, so general good practices (obtain consent, don’t falsify or misrepresent yourself when asking for info, etc.) apply.

In Florida, because so much information is public, it’s especially important to use background data responsibly. Just because you can access a record doesn’t always mean you should use it without considering relevance and fairness (for instance, an old arrest with no conviction, or a minor offense not related to job duties).

Consent and Notice Requirements in Florida

Florida generally follows the federal rules (FCRA) for consent and notice:

• Consent: There is no separate Florida state consent form required beyond what the FCRA mandates. Employers and landlords should present a clear written disclosure and get the individual’s written authorization before obtaining any background check from a CRA. (The disclosure must be a stand-alone document per FCRA.) If you as an employer are conducting checks in-house (e.g. directly searching public court databases), FCRA consent might not technically apply since you’re not using a third-party “consumer report.” However, best practice is still to inform the applicant and get consent for any background screening. This fosters transparency and reduces the risk of later claims that you gathered information improperly. Additionally, certain Florida agencies or programs (like the FDLE’s Volunteer & Employee Criminal History System for nonprofits) may have their own consent requirements for fingerprint checks, so always follow those if applicable.
• Notification (Adverse Action): Florida does not add extra state notice requirements for adverse action; the federal FCRA notices discussed above are the key requirements. Whether you are an employer declining a job applicant or a landlord denying a rental application based on background information from a consumer report, you must send the individual a notice of adverse action with the required details (including the CRA’s contact info and their rights to dispute) (Background Checks: What Employers Need to Know | Federal Trade Commission). One small difference: in an employment context, this notice typically must be in writing. In housing, the notice can be verbal, but providing it in writing is strongly recommended for documentation. There’s no Florida law requiring you to, for example, give the applicant a copy of their criminal record if you found it yourself on a public website – but doing so when feasible can be a good practice to show fairness. Remember that if the person asks for a copy of any public record you used (like an FDLE report they paid for via an application fee), it’s fair and transparent to provide it. (Some landlords charge an application fee that covers the cost of a background check; while Florida law doesn’t require sharing the report, it’s often done upon request as a courtesy and to comply with FCRA if it was a consumer report.)
• Privacy and Data Disposal: Florida follows federal law regarding the privacy of background reports. Dispose of background information securely once you no longer need it. Florida’s Data Disposal statute (Florida Statutes § 501.171) applies to personal information in records, so employers and landlords should shred or digitally destroy sensitive data from background checks to prevent unauthorized access. Keep in mind that any records you do keep (e.g. an application, notes of the background decision) may need to be retained for a certain period due to federal rules (for example, the EEOC requires employers to keep hiring records for at least one year).

Florida Restrictions on Using Certain Records

Florida law places few direct restrictions on what background information can be used, but there are protections regarding old or sealed records and relevance of convictions:

• Sealed and Expunged Records: If a Florida criminal record has been sealed or expunged by court order, it is no longer accessible to the public or to most employers. Florida law explicitly permits an individual to lawfully deny or fail to acknowledge an arrest or charge that has been sealed or expunged, except in very limited circumstances, such as applying for a criminal justice job or certain professional licenses ( Entitled Entities ). In other words, if you somehow discover a sealed/expunged offense, you should not use it in an employment or housing decision, and the person has the right not to disclose it. Standard background checks from CRAs will not report sealed/expunged cases, and FDLE will not release details of expunged records to non-authorized requestors. So practically, this may never come up – but it’s good to know that Florida public policy favors giving people a fresh start after an expungement. Important: Juvenile delinquency records are often confidential as well. Unless tried as an adult, juvenile records wouldn’t appear in public searches, so focus on adult records.
• Arrest Records Without Conviction: Florida allows public access to arrest information, which means an employer or landlord could find out that someone was arrested even if they weren’t convicted. However, use caution here. From a legal risk standpoint (federal EEOC guidance), an arrest alone is not proof of wrongdoing (Questions and Answers about the EEOC’s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII | U.S. Equal Employment Opportunity Commission). Florida state law doesn’t forbid considering arrest history, but it could contribute to a discrimination claim if it disproportionately affects a protected group and isn’t job-related. Additionally, Florida’s judicial system frequently allows charges to be dropped or adjudication withheld; those outcomes mean the person was not convicted. It’s wisest to focus on convictions or at least give the individual a chance to explain the circumstances of any arrests showing up.
• Older Records (“Lookback” period): Unlike some states, Florida does not restrict how far back an employer or landlord can consider a conviction. For instance, a 20-year-old felony conviction can legally be considered (subject to relevance and nondiscrimination). The only timing limits come from the FCRA’s reporting rules for CRAs, which, as noted, generally limit non-conviction information to 7 years. Florida employers often still apply reasonable internal policies (for example, not weighing very old minor offenses heavily), but that’s a matter of best practice, not black-letter law. One exception: certain regulated roles have mandatory disqualifying periods (e.g. in childcare, certain convictions within the past 5 years might disqualify an applicant by law – see Chapter 435 discussed below).
• Discrimination and Off-Limits Criteria: The Florida Civil Rights Act (FCRA – Florida Statutes Chapter 760, not to be confused with the federal Fair Credit Reporting Act) prohibits employment discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. While it doesn’t explicitly list “criminal record” as a protected category, using background checks as a proxy to discriminate against a protected class would violate this law (Florida Background Checks and FCRA Litigation | Jimerson Birr). In housing, Florida’s Fair Housing Act (contained in Chapter 760 as well) mirrors the federal protected classes. Bottom line: Ensure you apply background screening criteria evenly to all candidates and only reject based on factors that are legitimately related to the job or tenancy. For example, if you only run credit checks on applicants of a certain race, that would be discriminatory. Or if a housing provider only does criminal checks in neighborhoods with certain ethnic populations, that could be disparate treatment. Consistency and relevance are key.

Special Florida Background Check Rules for Certain Jobs and Sectors

Florida imposes additional screening requirements or restrictions in specific industries, especially when public safety or vulnerable populations are involved. Employers in these sectors must comply with state laws that go beyond the general rules:

• Care of Children, Elderly, and Disabled (Level 2 Screening): Florida Statutes Chapter 435 is the state’s employment screening law for positions of trust. It mandates Level 2 background screening for jobs in designated fields such as childcare, assisted living, nursing homes, home health care, and other roles working with vulnerable individuals. A Level 2 check includes FBI fingerprinting and nationwide searches, as described earlier. If you operate a daycare center, for example, Florida law requires that all employees pass a Level 2 screen before working with children. The law lists certain serious crimes that, if found, disqualify the person from employment in those roles (unless an exemption is granted after a rehabilitation review). Disqualifying offenses typically include violent crimes, sexual offenses, exploitation of vulnerable persons, certain fraud or theft offenses, etc., often regardless of how old they are (CS/SB 898). Regulatory agencies like the Florida Department of Children and Families (for childcare) and the Agency for Health Care Administration (for health facilities) oversee compliance. Employers in these sectors must ensure all background screens are completed and cleared before allowing staff unsupervised access to clients. There are provisions to allow conditional hiring during the screening process (no unsupervised contact until cleared) (Screening Information | Florida Agency for Health Care Administration). If you’re an employer in a regulated industry, be sure to follow the specific screening procedures in Chapter 435 and any agency rules (including using the state’s Clearinghouse system to run fingerprints).
• Public Employers and Occupational Licenses (Fair Chance for Ex-Offenders): Florida law recognizes the importance of not unfairly barring rehabilitated individuals from jobs. For public sector employment (state, county, city jobs) and state-issued licenses, Florida Statute §112.011 provides that a person may not be disqualified from public employment solely because of a prior criminal conviction, unless the conviction was for a felony or first-degree misdemeanor and it is directly related to the job’s responsibilities. In other words, state and local government employers in Florida can only deny employment due to a criminal record if the offense is fairly serious and has a clear relationship to the duties of the position. Similarly, licensing boards cannot deny a professional license application just because of any criminal record – it has to be a relevant serious offense (and certain old offenses or those for which civil rights have been restored might not be held against the applicant) ( Chapter 112 Section 011 – 2012 Florida Statutes – The Florida Senate ). This statute does not automatically apply to private employers, but it signals a public policy in Florida: give individuals a chance if their past crimes are not pertinent to the job. Many private employers likewise choose to overlook minor, unrelated offenses in a candidate’s background. Additionally, Florida does not have a statewide “Ban the Box” law for private employers, meaning there’s no general prohibition on asking about criminal history on job applications. However, many Florida cities and counties have their own hiring policies that delay or restrict asking about criminal records. For instance, Miami-Dade County, Tampa, Orlando, Jacksonville, and others have “Ban the Box” ordinances that apply mainly to public sector jobs (removing the conviction question from government job applications). Notably, the City of Gainesville in 2022 became the first in Florida to extend a fair-chance hiring law to private employers – it requires most employers in Gainesville (with 15+ employees) to wait until after a conditional job offer to inquire about criminal history, and it prohibits consideration of arrest records that did not lead to conviction (Gainesville First City in Florida to Pass Fair Chance Hiring Law Restricting Private Employers’ Use of Criminal History | Littler Mendelson P.C.). Employers in that city also must conduct an individualized assessment of any criminal record before rejecting an applicant. Always check local laws where you operate, as they may impose additional rules beyond state law.
• Apartment Landlords’ Employees (Miya’s Law): In the housing sector, Florida responded to safety concerns by passing “Miya’s Law” in 2022. This law (Florida Statutes §83.515) does not directly regulate tenant screening, but rather requires landlords of apartment buildings to screen their employees. If you are a landlord or property management company of a public lodging establishment classified as an apartment (non-transient or transient) – essentially, most apartment complexes – you must conduct a background check on every employee as a condition of employment. The law specifies that the screening must be done by a consumer reporting agency in compliance with the FCRA and include a nationwide criminal and sex offender registry check such as the one that SentryLink offers. Miya’s Law allows (and effectively expects) landlords to disqualify job applicants for apartment staff positions if certain serious offenses are found, such as crimes involving violence or disregard for safety (examples include murder, sexual battery, robbery, assault, etc.). There isn’t a list of minor offenses to disqualify – the focus is on significant crimes that pose a safety risk to residents. For landlords, complying with this law means using a reputable background screening service for your hiring of on-site managers, maintenance personnel, or other staff, and not hiring individuals with dangerous criminal histories. Documentation of these employee screenings may be checked during state inspections of apartments (CS/SB 898). Key point: While this law is about employee checks, it is an important part of “housing background check” rules in Florida because it’s aimed at keeping residents safe. It does not require landlords to run checks on prospective tenants – that remains at the landlord’s discretion (subject to the fair housing considerations discussed).
• Negligent Hiring Protections: Florida uniquely provides employers with an incentive to conduct background checks through Florida Statute §768.096. This law states that if an employer properly backgrounds a new hire, the employer gets a “rebuttable presumption” of not being negligent in hiring that person (Chapter 768 Section 096 – 2011 Florida Statutes – The Florida Senate). In a lawsuit for negligent hiring (for example, if an employee harmed someone and it’s claimed the employer was careless in hiring them), this can be a crucial defense. To gain this protection, the employer’s background investigation should include at least: a criminal record check from FDLE, reasonable efforts to verify past employment and personal references, a written job application asking about past criminal history, a driving record check (if relevant), and an interview . If none of those steps revealed any indication the person was dangerous or unfit, the law presumes the employer was not negligent in hiring. Practically speaking: This isn’t a mandate, but it strongly encourages Florida employers to do due diligence. For compliant hiring, consider incorporating these elements. Note that this statute doesn’t apply to contractor relationships, only employees, and it specifically mentions obtaining Florida criminal records from FDLE. Out-of-state checks and FBI checks are also wise if the person lived elsewhere, though the statute focuses on Florida records. While landlords are not “employers,” they can analogously reduce liability for “negligent rental” by thoroughly screening tenants (ensuring, for example, they don’t rent to someone with a known history of violence who then harms other residents – though such lawsuits are rare, doing proper screening is a form of liability protection for housing providers as well).

In summary, Florida’s employment background check laws allow broad access to information but simultaneously encourage fairness and thoroughness. Employers should integrate state requirements like Level 2 screening where required, follow all FCRA procedures, and be mindful of giving applicants a fair chance when their history isn’t directly disqualifying. Landlords as employers (of their staff) also have to adhere to new safety screening mandates.

Florida Laws and Best Practices – Tenant Background Checks (Housing)

For landlords and property managers, screening prospective tenants is an essential step to ensure a reliable and safe rental community. In Florida, the laws governing tenant background checks are somewhat less prescriptive than those for employment, but there are still important points to consider:

• Permissible Checks and Consent: Landlords in Florida are allowed to check an applicant’s rental history, credit history, criminal background, and other relevant records. As with employers, if a landlord uses a tenant-screening company or credit bureau (a CRA such as SentryLink) to get a background or credit report on an applicant, the federal FCRA rules apply. This means you must get the applicant’s written permission in advance for the background check (typically done as part of the rental application form) (Florida Tenant Screening – A Landlord’s Guide | RentPrep). The application should clearly state what checks will be done (credit report, criminal record, etc.), and the tenant’s signature authorizes you. If you decide to deny the rental based on information in a consumer report (for example, a credit report or a report from a tenant screening service that includes eviction records or criminal history), you are legally required to provide an adverse action notice to the applicant just like employers must (Background Checks: What Employers Need to Know | Federal Trade Commission). This notice informs them of the denial, gives the contact info of the agency that supplied the report, and outlines their right to get a free copy and dispute any inaccuracies. Many landlords aren’t fully aware of this requirement, but compliance is important to avoid FCRA violations. If you perform your own public records search (say, you look at online court records for evictions or crimes), an FCRA adverse action notice isn’t technically mandated because you didn’t use a third-party report. Still, as a best practice, you might inform the rejected applicant in general terms (e.g. “Information from a public records check of court and criminal history contributed to this decision”) so they understand what happened.
• What Can Be Checked for Housing: Florida law does not list specific record types that you can or cannot use for tenant screening – it’s largely governed by your judgment and federal law. Common tenant screening components include:
  • Credit report and score: Indicates the applicant’s bill payment history and outstanding debts. No Florida law restricts using credit for housing decisions. Just be consistent (e.g. set a reasonable credit score or history standard and apply it equally).
  • Criminal background: Landlords often consider criminal history to protect other residents and property. Florida allows this, but take care with how it’s used (see fair housing guidance below). Some landlords only screen for certain offenses (like felonies or crimes involving violence or drugs in the past X years). Arrest records should not be the sole basis for denial – focus on convictions or cases where the person was found guilty or pled no contest.
  • Eviction and court records: Past evictions filed in Florida courts can be very telling. These are public record (usually listed as lawsuits for possession in county court). If an applicant has a history of multiple recent evictions or landlord judgments, that’s a valid consideration. Just ensure the record is actually for the same person (common names can cause mix-ups) and give the applicant a chance to explain if needed (for example, sometimes a stipulation or settlement is reached and the tenant left voluntarily – not all filings mean the tenant was at fault).
  • Income and employment verification: Florida law doesn’t mandate this, but landlords typically verify income (pay stubs, job letters) to ensure the tenant can afford rent. This isn’t a “background check” in the traditional sense, but part of screening. Just be consistent in what you require (and note that source of income is not a protected class under Florida law, so you can set income criteria, except if you are in a locality that forbids discrimination against vouchers or similar – some local ordinances around the country do, but Florida state law does not).
• Application Fees: Florida does not cap the amount a landlord can charge an applicant as a screening or application fee. While some states set a maximum, Florida’s only guidance is that the fee should be reasonable and reflective of actual costs (this is more of a best practice than a strict rule) (Rental Application Fees: Rules & Procedures In All 50 States). Typical application fees in Florida might range $30–$75 to cover the credit/criminal reports and administrative time. It’s wise to be transparent about your fee and what it covers. If you charge a fee, it’s generally not refundable even if the applicant is denied – Florida law permits nonrefundable application fees. Make sure to give the applicant any required disclosures (for instance, if you’re obtaining an investigative consumer report, FCRA requires a special notice). Also, if you end up not using a report that the fee was supposed to cover, fairness would suggest refunding that portion. Some landlords will provide the applicant with a copy of the credit report or background check if paid for by the applicant’s fee (or at least the summary of results) – this isn’t explicitly required in Florida, but it aligns with good customer service and transparency.
• Fair Housing Considerations in Tenant Screening: Just as with employment, using background checks in housing must not lead to illegal discrimination. Race-based or other explicit discrimination is obviously illegal, but be mindful of policies that could have a disparate impact. HUD’s 2016 guidance (still applicable) warns that blanket bans on renting to anyone with any criminal record are likely in violation of the Fair Housing Act because they disproportionately exclude minority groups and are not justified in all cases (HUD limits housing exclusion based on criminal history). Instead, a landlord should consider what the conviction was for, how long ago it occurred, and what the person has done since. For example, a conviction for possession of a small amount of drugs 8 years ago, or a DUI from 5 years ago, should arguably be weighed in context – does it truly indicate the person will be a bad tenant now? On the other hand, a recent conviction for a violent crime at the property of a landlord would reasonably be a concern. HUD explicitly says that policies refusing tenancy for arrests not leading to conviction have no legitimate basis and are discriminatory. Also, be consistent: if you overlook a criminal record for one applicant, you shouldn’t use a similar record to reject another if the situations are alike. Note that Florida’s state fair housing law (Florida Fair Housing Act) is enforced by the Florida Commission on Human Relations and is substantially equivalent to the federal law – it doesn’t add extra protected classes at the state level (some local ordinances in Florida do add protected classes like sexual orientation or gender identity, so be aware of local fair housing laws in your city/county). In sum, for criminal checks: set a policy that is specific (e.g. “no convictions in the past X years for offenses involving violence, property destruction, or manufacture of drugs” or whatever fits your legitimate concerns) and allow people to explain circumstances or rehabilitation. Document your justification if you deny someone due to a criminal record (so you can show it was based on legitimate criteria, not bias).
• Miya’s Law (Landlord’s Duties): As discussed above, Miya’s Law mainly affects how landlords hire their employees. But it indirectly benefits your tenants and your business by ensuring you have trustworthy staff. As a landlord, to comply you should: use a third-party background screening company for all new hires at your apartment properties, include nationwide criminal/sex-offender searches, and avoid hiring anyone with the disqualifying offenses listed in the law. You should also keep a record (log) that you completed these checks for each employee, since the state may ask for proof during inspections (CS/SB 898). This law was named after a young woman (Miya Marcano) who was tragically killed by an apartment maintenance worker with a criminal record – hence the focus on employee checks and even key control policies (Miya’s Law also requires apartments to establish protocols for issuing and returning keys to units (CS/SB 898)). While this doesn’t change how you screen tenants, it’s a critical Florida-specific rule for landlords to be aware of as part of overall safety compliance.
• Other Housing Laws: Florida doesn’t have unique statutes restricting landlords from using specific information like some states do. For example, some states prohibit rejecting someone solely for an older conviction or require consideration of whether the person has rehabilitated. Florida has not enacted such laws for private housing. Also, Florida law does not require landlords to give a reason for denial to rental applicants (aside from the FCRA notice if a consumer report was used). However, if an applicant feels wrongfully denied, they could file a fair housing complaint, so it’s wise to have a legitimate, documented reason (credit, income, rental history, or specific crime, for instance).

Tip: It’s beneficial to have a written tenant screening policy. List the criteria (minimum credit score or no certain evictions, etc.) and follow it uniformly. This not only keeps you consistent and fair, but if ever challenged, you can show that your decisions were based on pre-set business criteria, not any personal discrimination.

Official Florida Resources for Background Checks

To conduct background checks lawfully, it helps to use official tools and sources so you get accurate information. Here are some Florida official resources:

• FDLE Criminal History Search: Florida Department of Law Enforcement provides a direct online search for Florida criminal records. Employers or landlords (or anyone) can use the Instant Florida Criminal History Search paying per search, which pulls state arrest and conviction data ( Florida Criminal History Record Check ). This is useful if you want a quick check without going through a private company. (Note: This covers Florida records only – it won’t show crimes from other states. For a multi-state search, you’d use a CRA like SentryLink that has a national database or the FBI fingerprint check if authorized.) FDLE also offers a mail-in or certified search option and manages the volunteer/employee VECHS program for certain organizations. For fingerprint-based checks, FDLE coordinates with the FBI when allowed by law (typically for Level 2 screenings).
• Florida Courts – Online Records: To check court records, start with the county where the person has lived or worked. Many Florida counties have online databases where you can search by name for civil and criminal cases. The Florida Court Clerks & Comptrollers website (flclerks.com) can direct you to each county’s official records search. The CiviTek Florida portal (ONLINE COURT RECORDS SEARCH) is one entry point that lets you pick a county and then links to that county’s search page. Through these sites, you can find eviction cases, foreclosure actions, lawsuits, and criminal case dockets. Keep in mind some minor records (like traffic tickets or misdemeanors) might be in separate systems, but most everything is accessible online up through the present. Always ensure you have the right person (match name, date of birth, etc., as available in the docket) before making a decision on what you find.
• Florida Sex Offender Registry: Florida maintains a public Sexual Offenders and Predators registry, searchable on the FDLE website. This free tool allows you to see if an individual is a registered sex offender in Florida. Many national background services will check this for you, but you can also go directly to Florida’s Sex Offender Search on FDLE’s site for up-to-date info. Note that Miya’s Law specifically mandates checking sex offender registries of all 50 states for apartment employee hires (CS/SB 898) – landlords can fulfill this by using a background service that queries the national registry data or by manually checking each state’s registry (the former is much more efficient). For tenant screening, landlords often do consider registered predator status as a factor (both for safety of neighbors and because certain sex offenders may be legally restricted from living near schools, etc., which could pose a tenancy issue).
• Florida Department of Corrections Offender Search: If you want to see if a person has been in state prison or is currently on probation/parole, the Florida Dept. of Corrections has an online Offender Network search for inmates and supervised offenders. This can show you felony convictions that resulted in prison time, the sentence, and release dates. It’s a useful supplement to a criminal record check because it provides details about the outcome (e.g., “served 3 years in prison for burglary, released 2018”). This is public information and can be searched by name.
• Driver License Records: For driving history, the official source is the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). They offer an online request called Driver License Record Request (for a fee, often around $8-$10) or you can have the individual request their own record. Some third-party services like SentryLink also provide driving records. If driving is relevant to the job or tenancy (e.g., you’re renting a home and the tenant will keep commercial vehicles on site, or hiring someone as a driver), obtaining the official driving record is advisable. Make sure to have the person’s consent for this as well, since it contains personal information.
• Credit Reports and Tenant Screening Reports: The official sources for credit info are the three credit bureaus (Experian, Equifax, TransUnion). Many landlords use tenant screening services that bundle a credit report with eviction and criminal checks – just ensure the service is a reputable Consumer Reporting Agency compliant with FCRA. As an individual landlord, you can also use services like the National Association of Realtors’ tenant screening or other online platforms that are FCRA-compliant to get credit reports on applicants (the applicant usually has to cooperate by providing info and/or identity verification). For employment credit checks, you’d typically contract with a background screening firm or the credit bureaus’ business services.

Remember, sticking to official or verified sources helps ensure accuracy. Florida’s openness of records is a double-edged sword: you can find a lot, but you must interpret it correctly. Always double-check common names and consider confirming any serious findings with the applicant (through the adverse action process or an informal conversation) to avoid mistakes.

Conclusion

Employers and landlords in Florida have robust tools at their disposal for background screening, and a legal framework that, on the whole, permits broad use of background information with sensible safeguards. By following the guidelines above – obtaining proper consent, using reliable sources, adhering to FCRA notice procedures, and applying screening criteria fairly and consistently – you can confidently utilize background checks while staying compliant with Florida law and federal regulations. Florida-specific rules like Chapter 435 level 2 screenings for sensitive jobs, the negligent hiring presumption for doing your homework ( Chapter 768 Section 096 – 2011 Florida Statutes – The Florida Senate ), and Miya’s Law for apartment safety (CS/SB 898) underscore the state’s expectations that background checks be used to protect the vulnerable and promote safety. At the same time, respecting individuals’ rights (not misusing data or discriminating) is crucial – for example, honoring the clean slate granted by an expungement or giving someone a chance if their offense is not job-related.

By prioritizing compliance and fairness, you not only reduce legal risks but also contribute to a fair hiring and housing process. When in doubt, consult legal counsel or the official agencies (Florida Department of Labor, Florida Commission on Human Relations, HUD, or FDLE) for clarification on the latest rules. With clear policies and knowledge of the laws, background screening can be a valuable and legally sound part of your decision-making as a Florida employer or landlord.

If you do not want to manage all of this complexity yourself, consider hiring a consumer reporting agency like SentryLink for employment and tenant screening. We will provide you with compliant, actionable information.