Florida — Hiring & Onboarding

Florida requires private employers with 25 or more employees to use the federal E-Verify system to verify each new employee's employment eligibility. The requirement applies to employees hired on or after July 1, 2023. Verification must occur within three business days after the employee begins working for pay. All public agencies must use E-Verify regardless of size. Employers must retain documentation of E-Verify results (or Form I-9, if E-Verify is unavailable) for at least three years from the employee's initial hire date. If E-Verify is unavailable for three consecutive business days after the employee's start date, the employer may use Form I-9 instead and must document the system's unavailability.

Source: Fla. Stat. § 448.095(2)

Florida requires state agencies and employers in regulated industries to conduct statutorily mandated background screenings on employees in positions of trust or responsibility. These screenings fall into two tiers under Florida Statutes Chapter 435: Level 1 and Level 2.

Level 1 screening is name-based and state-focused. Under Fla. Stat. § 435.03(1), all employees required by law to be screened must undergo background screening as a condition of employment and continued employment, which includes employment history checks and statewide criminal correspondence checks through the Florida Department of Law Enforcement (FDLE). Level 1 screenings may also include local criminal records checks through local law enforcement agencies. This tier applies to positions that do not involve vulnerable persons or where the statute does not specify a Level 2 requirement.

Level 2 screening is fingerprint-based and national in scope. Under Fla. Stat. § 435.04(1)(a), all employees required by law to be screened pursuant to this section must undergo security background investigations that include fingerprinting for statewide criminal history records checks through FDLE and national criminal history records checks through the Federal Bureau of Investigation (FBI). Fingerprints submitted on or after July 1, 2012, must be submitted electronically to FDLE. Level 2 screening applies to employees designated by law as holding positions of trust or responsibility. Industries commonly subject to Level 2 requirements include healthcare facilities (under Fla. Stat. § 408.809), childcare providers, assisted living facilities, and positions involving access to children, the elderly, persons with disabilities, or other vulnerable populations, as specified in separate statutes that incorporate Chapter 435 by reference.

Disqualifying offenses: Chapter 435 enumerates disqualifying criminal offenses separately for each level. For Level 2 under § 435.04(2), disqualifying offenses include (among many others enumerated in the statute) Chapter 800 offenses (lewdness and indecent exposure, offenses against students by authority figures), human trafficking (§ 787.06), battery if the victim was a minor (§ 784.03), aggravated battery (§ 784.045), unlawful sexual activity with certain minors (§ 794.05), and drug abuse prevention and control offenses under Chapter 893 if the offense was a felony or if any other person involved was a minor. Section 435.04(2) cross-references dozens of additional statutory sections. An individual is disqualified if he or she has been arrested for and is awaiting final disposition of, has been found guilty of (regardless of adjudication), or has entered a plea of nolo contendere or guilty to any listed offense. Section 435.04(3) further requires that the screening ensure no person subject to screening has been found guilty of or entered a plea to any offense constituting domestic violence as defined in Fla. Stat. § 741.28. Level 1 disqualifying offenses are enumerated in § 435.03(2) and similarly cross-reference a separate (though partially overlapping) list of statutory offenses.

Employer obligations during screening: Under Fla. Stat. § 435.06(2)(a), an employer may not hire, select, or otherwise allow an employee to have contact with any vulnerable person in a role requiring background screening until the screening process is completed and demonstrates the absence of any grounds for denial or termination of employment. However, § 435.06(2)(d) permits an employer to hire an employee to a position that requires background screening before completion for training and orientation purposes; the employee may not have direct contact with vulnerable persons until the screening is completed and the employee demonstrates no disqualifying behaviors or offenses.

Payment for screening: Under Fla. Stat. § 435.08, either the employer or the employee is responsible for paying the costs of screening. Payment must be submitted to FDLE with the request for screening. The statute does not specify which party must pay but leaves that determination to the employer or applicable agency.

Exemption process: Individuals disqualified by a background screening may seek an exemption from disqualification under Fla. Stat. § 435.07. The head of the appropriate agency may grant an exemption for certain felonies if at least three years have elapsed since the applicant completed or was lawfully released from confinement, supervision, or nonmonetary conditions imposed by the court for the disqualifying felony. However, § 435.07(4) provides that disqualification may not be removed, and an exemption may not be granted, to any person who is a sexual predator (as designated under § 775.21), a sexual offender (under § 943.0435, unless the registration requirement has been removed), or based solely on pardon, executive clemency, or restoration of civil rights for felonies covered by §§ 435.03 or 435.04.

Scope limitation: The Level 1 and Level 2 framework applies only to employers and positions designated by statute or regulation as requiring screening under Chapter 435—principally state agencies and employers in regulated industries such as healthcare, childcare, and facilities serving vulnerable populations. Employers outside these regulated industries are not subject to Chapter 435 but must comply with the federal Fair Credit Reporting Act (FCRA) if they use a consumer reporting agency to conduct background checks.

Source: Fla. Stat. § 435.03 (Level 1 screening standards) Source: Fla. Stat. § 435.04 (Level 2 screening standards) Source: Fla. Stat. § 435.06 (Exclusion from employment) Source: Fla. Stat. § 435.07 (Exemptions from disqualification) Source: Fla. Stat. § 435.08 (Payment for processing of fingerprints and state criminal records checks)

Florida imposes specific enforcement steps and penalties for private employers who fail to comply with the E-Verify requirement under Fla. Stat. § 448.095.

Notice and cure period: If the Florida Department of Commerce determines that a private employer has violated the E-Verify mandate, it provides the employer with written notice of noncompliance. After receiving the notice, the employer has 30 days to cure the violation. If the employer establishes compliance within this period, no penalty is imposed (§ 448.095(6)(a)).

Penalties for continued noncompliance: If the violation is not cured within 30 days, the Department imposes a civil penalty of $1,000 per day until the employer provides sufficient proof of compliance (§ 448.095(6)(b)). These collected penalties are deposited into the State Economic Enhancement and Development Trust Fund. The Department also notifies all relevant agencies that issue state or local business or professional licenses to the employer if the violation remains uncured.

Business license suspension: If a private employer is found to have committed three violations within a 24-month period, the Department will order the suspension of all state or local government-issued business licenses until the employer demonstrates compliance (§ 448.095(6)(c)).

Summary:

• Written notice → 30-day cure period
• $1,000/day fine if not cured within 30 days
• License suspension after three violations in 24 months

All steps and sanctions derive directly from Fla. Stat. § 448.095(6). Source: Fla. Stat. § 448.095(6)

Under Fla. Stat. § 409.2576, Florida employers must report certain information about newly hired and rehired employees to the State Directory of New Hires. The statute does not carve out exceptions for nonprofit organizations or small employers—with a very narrow exception for federal agencies—so the rule broadly applies to any employer required to provide a W-4 form for a new hire.

Reporting deadline: Employers must report each new or rehired employee within 20 days of hire, using either a form supplied by the Florida Department of Revenue or an equivalent that includes all required data. Employers reporting electronically or by magnetic media may instead submit reports in two monthly transmissions not more than 16 days apart, per § 409.2576(3)(a).

Required data elements: The information that must be reported for each new hire includes:

• Employee's name, address, Social Security number, and date of hire
• Employee’s date of birth, if available
• Employer's name, address, and federal employer identification number (FEIN)
• Employer’s state employer identification number, if available

The Department's form or any equivalent must capture these elements to be compliant (§ 409.2576(3)(b)).

How to report: Reports may be filed using:

• The electronic portal provided by the Florida Department of Revenue
• Magnetic media or electronic means (for high-volume filers)
• By mail or other approved non-electronic means, using a completed state form or an equivalent (such as a W-4 if it includes all required elements)

Penalties for noncompliance: If an employer fails to report as required, the Department of Revenue may assess a penalty of $25 for each failure. If the failure is a result of a conspiracy with the employee to avoid reporting, the penalty may increase to $500 per occurrence (§ 409.2576(7)). The penalty is discretionary, not automatic.

Federal compliance context: Complying with Florida’s State Directory of New Hires fulfills the federal reporting obligation under 42 U.S.C. § 653a—no separate federal filing is required.

Source: Fla. Stat. § 409.2576

Florida does not require a work permit or general age certificate for minors (anyone under age 18) to be employed in most industries. Instead, the employer is responsible for verifying and retaining proof of the minor’s age for the entire period the minor is employed. Statute § 450.045 expressly lists acceptable documents: a copy of the minor’s birth certificate, driver’s license or state-issued identification card, passport or visa, or an age certificate issued by the school superintendent. Employers are not required to file this proof with the state but must maintain it at the worksite or with HR records in case of inspection by Florida’s Department of Business and Professional Regulation (DBPR) or the U.S. Department of Labor.

Entertainment industry exception: Florida does require a separate "Permit to Hire" for minors performing in the entertainment industry (theater, film, radio, television, modeling, etc.). This requirement applies to any minor under 18 and must be secured by the employer from the DBPR Child Labor Program prior to employment. The permit must be made available on request to state inspectors. (§ 450.095)

No routine work permit: Unless the minor is working in the entertainment industry, there is no general work permit required and no routine need for school approval, parental signature, or filing with the state.

Compliance note: Although other states may require work permits or student/employer applications, Florida’s system relies on employer diligence in age documentation. Federal law supplements these protections for hazardous jobs and limits working hours and occupations for certain ages, but like Florida, does not impose a blanket work-permit rule.

Summary:

• Employers must keep a qualifying age document for any hired minor (§ 450.045).
• Work permits are not required except for entertainment employment (§ 450.095).
• No statutory requirement to obtain waivers or approvals from a public school district for routine employment documentation.

Source: Fla. Stat. § 450.045 Source: Fla. Stat. § 450.095