Florida ban-the-box rules: public jobs, Tampa, Broward County vendors and recruiters

Florida has no statewide ban-the-box law for private employers, as of October 2026: no Florida statute restricts when a private company may ask about criminal history. For public jobs, s. 112.011 bars the state and local governments from disqualifying someone solely because of a prior conviction, but sets no timing rule. The ban-the-box rules that exist are local: Tampa and Broward County hold criminal history questions for their own jobs, Broward requires vendors on $100,000-plus contracts to do the same, and Tampa rewards bidders who volunteer to.

Does Florida have a ban-the-box law for private employers?

No. We found no Florida statute that sets a stage of hiring before which a private employer may not ask about criminal history, and no statewide individualized assessment or notice rule. What Florida law does govern, covered in our Florida background check laws guide, is:

• Sealed and expunged records. People with sealed or expunged records may generally deny the arrests they cover, except when applying to listed employers such as criminal justice agencies and certain state agencies.
• Required screening. Many jobs with children, the elderly and people with disabilities require Level 1 or Level 2 background screening under Chapter 435 and related laws, which means criminal history comes up whatever the employer's preference.
• Negligent hiring. The presumption in s. 768.096, below, rewards employers who ask about convictions.

What applies to Florida public employers?

Section 112.011(1)(a), "Disqualification from licensing and public employment based on criminal conviction," says that, except as provided in s. 775.16, a person "may not be disqualified from employment by the state, any of its agencies or political subdivisions, or any municipality solely because of a prior conviction for a crime." A public employer may deny employment because of a prior conviction only "if the crime was a felony or first-degree misdemeanor and directly related to the position of employment sought."

The section does not apply to law enforcement or correctional agencies, to fire departments hiring firefighters, or to county and city positions deemed critical to security or public safety under ss. 125.5801 and 166.0442. It says nothing about when the question may be asked, and it requires no notice. We did not find a Florida statute or executive order that removes criminal history questions from state agency applications.

Which Florida cities and counties have ban-the-box rules?

Tampa: city jobs

Tampa City Code Chapter 12, Article VI (Ordinance 2013-3, January 10, 2013) says that, except as state or federal law provides, the city "will not inquire about an applicant's criminal history on its initial application for employment" and will not seek authorization for a background check until the applicant is selected as the finalist. The finalist gets a contingent offer pending the check; if the check makes the finalist ineligible, the city gives notice and considers written information the finalist provides within five business days. Police and fire applicants are excluded, and the article creates no cause of action.

Tampa: voluntary program for bidders

Tampa City Code section 2-284 (Ordinance 2015-49, April 16, 2015, as amended) applies to bidders on city projects of $100,000 or more. A bidder that "voluntarily complies with the concept of ban the box" must:

• omit criminal history questions from its job applications and any statement implying people with a record should not apply;
• not run a background check or ask about criminal history until after a conditional offer, which it may rescind for any reason within 10 days of making it.

In return it receives five extra points when proposals are rated, or a two percent discount when bids are evaluated. The section does not apply where law requires a check at an earlier time, to governmental bidders, or where the soliciting department waives it, and it does not stop a contractor from denying employment based on a conviction.

Broward County: county jobs and vendors

Broward County Code section 26-125 (Ordinance 2016-18, amended in 2021 and 2022) covers both:

• County jobs. No criminal history question and no authorization for a check until the applicant is selected as a finalist and has interviewed; no "may not apply" statements in ads or applications; an arrest alone does not justify refusing employment; a finalist turned down because of criminal history gets a copy of the record and a written assessment of how it relates to the job, and may respond within five business days. Some positions, including aviation, port, transit operator and mechanic jobs and jobs working with children or vulnerable adults, are excluded from the timing rules.
• Vendors. A vendor seeking a contract of $100,000 or more must certify in writing that its policies preclude inquiry into an applicant's criminal history, including a background check, "until the applicant is selected as a finalist and interviewed for the position," for positions in the United States that will foreseeably perform work under the contract. Without the certification the bid is non-responsive, and failing to comply during the contract is a material breach. Exceptions cover legally required checks, non-competitive contracts, governmental vendors and waivers by the County Commission.

Other cities we checked

A search of the Jacksonville, Orlando, Tallahassee, Miami, Fort Lauderdale and Pinellas County codes on Municode turned up no comparable rule for private employers or contractors. We could not reach the St. Petersburg, Gainesville or Miami-Dade County codes, so check them if the job or contract is there.

Can Florida cities regulate private hiring?

Florida's main local preemption statute on employment, s. 218.077, bars cities and counties from setting minimum wages or required benefits and from using their contracting procedures to "control or affect the wages or employment benefits" of contractors' workers. It does not mention hiring practices or criminal history. The local rules we found work through the local government's own hiring and its contracts, not as general rules for every private employer.

Does Florida's negligent hiring law push employers to ask early?

It gives a reason to ask at some point. Under s. 768.096, an employer is presumed not negligent in hiring someone who later commits an intentional tort if, before hiring, it conducted a background investigation that did not reveal unsuitability. The investigation includes a criminal check through the Florida Department of Law Enforcement, a reasonable effort to contact references and former employers, and a job application form asking about criminal convictions and prior civil suits for intentional torts, among other steps. Choosing not to do the investigation does not create a presumption of negligence.

The statute requires these steps before hiring, but, as we read it, it does not say the convictions question must be on the first application. An employer holding the question until after an interview or offer (as Broward vendors must) can ask counsel whether a later supplemental form serves the same purpose.

When can you ask about criminal history in Florida?

What federal rules still apply?

Title VII still applies to how a record is used, including its disparate impact provision in 42 U.S.C. § 2000e-2(k). The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026, but a job-related review using the Green factors from the 1975 Eighth Circuit case (the nature and gravity of the offense, the time since it and the nature of the job) is still the safe practice. Reports from a screening company trigger the FCRA's disclosure, authorization and adverse action steps; see the FCRA background check process. Federal contractors also have the Fair Chance to Compete for Jobs Act, which bars requesting criminal history for contract-related positions before a conditional offer; see ban-the-box laws and interview questions.

Are any Florida ban-the-box bills pending?

We did not identify a bill from the 2025 or 2026 legislative sessions that would create a statewide timing rule for private employers. Check the Florida Senate's bill search before relying on this.

What should recruiters and staffing agencies do in Florida?

If your client holds a Broward County contract of $100,000 or more, the timing rule covers the positions that work under it, and an agency screening for those roles is part of the client's process. Agency licensing is covered separately in staffing agency licensing in Florida.

Questions to settle at intake

• Is the client a state agency, county or city? If so, which positions are directly related to which offenses under s. 112.011?
• Does the client hold a Broward County contract of $100,000 or more, or has it opted into Tampa's bidder program? Will this role work under that contract?
• Does the job require Level 1 or Level 2 screening? Under which law?
• Does the client rely on the s. 768.096 presumption, and at what stage does its convictions question appear?
• Who orders the check, who reviews it against the job, and who sends the FCRA notices?

A short script

Candidate volunteers a record: "Thanks for telling me. Criminal history isn't part of my screen, so I won't note it. If the employer runs a check, that's a later step, and you'd see anything they rely on."

Broward vendor client wants a records question on the phone screen: "Your county contract says no criminal history questions until the candidate is a finalist and has interviewed, for the people working on it. Let's hold it until then."

A Florida checklist

1. Flag Broward County vendor roles and Tampa opt-in bidder roles on the job order, and hold criminal history questions until the stage each requires.
2. Word any conviction question so candidates know they need not list sealed or expunged records, except for the listed employers.
3. Keep volunteered information out of notes and submittals; see what not to write in interview notes.
4. Route checks through the FCRA steps and a written, job-related review; see our fair chance hiring policy template.
5. For the full state checklist, including E-Verify, see hiring employees in Florida; for a neighbor, see Georgia.

Florida ban-the-box rules at a glance