Hiring employees in Florida: the 2026 compliance checklist for employers and recruiters

As of October 2026, an employer hiring in Florida has to register for reemployment tax with the Department of Revenue once it meets a liability test such as $1,500 in quarterly payroll, carry workers' compensation once it has four or more employees (one or more in construction), collect the federal W-4 and Form I-9, run E-Verify on every new hire once it has 25 or more employees, get every party's consent before recording an interview, and report the hire to the Florida New Hire Reporting Center within 20 days. Florida has no personal income tax, so there is no state withholding form, and no statewide ban-the-box, pay transparency or salary history law for private employers that we could find.

This page is the Florida hub: one table with every item and its official source, then a short section on each. Where we already have a full guide to an item, the section summarizes it and links there.

The Florida hiring checklist at a glance

What must be in place before the first Florida hire?

A reemployment tax account. The Department of Revenue lists liability tests including "at least one quarterly payroll totaling $1,500 or more" or "one or more employees for a day (or portion of a day) during any 20 weeks in a calendar year," and asks employers to register by the end of the month after the quarter in which they become liable, online through the Florida Business Tax Application or on Form DR-1. The initial rate is 2.7 percent on the first $7,000 of each employee's wages.

Workers' compensation depends on size and industry. The Division of Workers' Compensation says non-construction employers need coverage at four or more employees, counting corporate officers, construction employers at one or more, and agricultural employers at six regular or twelve seasonal workers. The federal layer (an EIN, Form W-4 and Form I-9 by the third business day) applies on top.

Does a staffing or recruiting agency need a Florida license?

Not for general recruiting or staffing. Florida no longer licenses private employment agencies, but it does license talent agencies through the Department of Business and Professional Regulation under Chapter 468, Part VII, with its own bond and renewal cycle, and nurse registries are licensed separately. Our guide to the Florida staffing agency rules covers what still applies.

What must a Florida job posting include, and can you ask about pay history?

We found no Florida statute that requires pay ranges in job postings or bars salary history questions for private employers, and Florida does not appear in our trackers of pay transparency laws by state or salary history ban states. A Florida employer posting a remote role open to candidates in states such as Colorado, California, New York or Illinois should check those states' posting rules. Pay itself has a Florida floor: the state minimum wage rose to $15.00 an hour on September 30, 2026, according to FloridaCommerce.

When can you ask about criminal history or run a credit check?

We found no Florida ban-the-box law covering private employers. State law points the other way: § 768.096 presumes an employer was not negligent in hiring if, before hiring, it ran a background investigation that included a Florida Department of Law Enforcement criminal check, reasonable reference checks, an application asking about convictions and civil intentional-tort suits, and an interview. Federal rules still apply: the FCRA background check process and EEOC guidance.

We found no Florida statute limiting employment credit checks; the federal FCRA's disclosure and authorization apply. See our credit check laws guide for the states that restrict them.

Can you record or transcribe a job interview in Florida?

Only with everyone's consent. Section 934.03 makes interception lawful only "when all of the parties to the communication have given prior consent," a violation is generally a third-degree felony, and § 934.10 allows a civil claim for at least $1,000. Say you are recording or transcribing and get a yes first. See Florida call recording law for recruiters and our consent script.

Does Florida regulate AI in hiring?

We found no Florida statute aimed at AI in hiring as of October 2026, and Florida is not among the states in our AI hiring laws by state summary. The general discrimination rules apply to any selection tool: the Florida Civil Rights Act covers an employer with "15 or more employees" for 20 or more weeks, "and any agent of such a person," which can include a recruiter or vendor screening for it, and federal law applies on top. See the EEOC's position on AI in hiring.

Can you drug test applicants in Florida?

Yes. Florida's drug-free workplace law, § 440.102, is voluntary: it says an employer "does not have a legal duty" to test. An employer that joins the program to get its workers' compensation premium discount must follow its rules, including that it "must require job applicants to submit to a drug test," a written policy statement and, for an employer starting a program, at least 60 days between a one-time notice and the start of testing. It may refuse to hire an applicant who refuses or tests positive on a confirmed test. Our drug testing laws guide compares other states.

Does Florida require E-Verify?

Yes, above a size threshold. Under § 448.095, public employers and their contractors and subcontractors have used E-Verify for every new hire since January 1, 2021, and private employers with 25 or more employees have done so since July 1, 2023, within three business days after the employee starts paid work. FloridaCommerce can fine an employer $1,000 a day after three failures in 24 months. Details are in E-Verify requirements in Florida.

Which state withholding form does a new hire complete?

None. Article VII, § 5(a) of the Florida Constitution provides that no tax "upon the income of natural persons who are residents or citizens of the state shall be levied by the state," beyond amounts creditable against a federal or other state tax. The federal W-4 is the only withholding form a Florida new hire completes. An employee who lives or works in another state may owe that state's tax, so check where a remote hire actually works.

Which notices must a new Florida employee get at hire?

We found no Florida statute requiring an individual written pay notice at hire like California's or New York's. Florida's state notice duties are postings:

• Minimum wage notice. Employers that must pay the Florida minimum wage post the current notice in a conspicuous place; FloridaCommerce publishes the 2026–2027 poster.
• Reemployment assistance poster. A liable employer displays the RT-83 "To Employees" poster where all employees can see it, under § 443.151(1).
• Drug-free workplace notice. Only for employers in the § 440.102 program: the written policy statement to employees and applicants.
• E-Verify. Covered employers keep a copy of the documents provided and the E-Verify result for three years.

How do you report a new hire in Florida?

Section 409.2576 says employers "must report new hire information ... within 20 days of the hire date of the employee," and the date of hire is the first day of work for which the employee is owed income. Each report includes the employee's name, address, date of hire and Social Security number, and the employer's name, address and FEIN. Florida also requires a business that pays a non-employee $600 or more in a calendar year to report that person. Reports go to the Department of Revenue's Florida New Hire Reporting Center online or on Form CS-EF315 by mail or fax.

The Florida hiring steps in order

1. Before the first hire: register for reemployment tax once liable, and bind workers' compensation if you meet the threshold for your industry. Talent agencies check the DBPR license.
2. Posting: pay at least $15.00 an hour; no Florida pay range rule, but check other states' rules for remote roles.
3. Screening: criminal history questions are allowed under state law; follow the FCRA and EEOC guidance.
4. Interview: get every party's consent before recording or transcribing.
5. Offer: drug test if your policy calls for it, following § 440.102 if you are in the program.
6. First day: Form I-9 and W-4; E-Verify within three business days if you have 25 or more employees.
7. Within 20 days of the hire date: report the hire, and any contractor crossing $600, to the New Hire Reporting Center.

Hiring in more than one state? The same checklist is available for California, Texas, New York, Pennsylvania, Illinois and Ohio.