• Human resource departments must adhere to Florida laws concerning background checks.help wanted image by Tom Oliveira from Fotolia.com
  
  The Human Resources department manages the recruitment and retention of current and prospective employees. To fulfill the recruitment function, Human Resources tries to attract the best candidates for company positions. Prospective employees must pass a screening process that often includes a background check. In Florida, background checks must adhere to state and federal laws. These laws govern an employer's access to consumer reports as well as adverse-action notification requirements.
  
  

Required Screening

• Certain jobs within the state of Florida require background checks to be performed on prospective employees. Most health care jobs and positions of employment that work with the elderly, children or the disabled require background checks. Florida Statute 394.4572 requires screening of all mental health personnel. State government and public office positions also require background checks for employment. Under Florida Statute 984.01, contractors of the Department of Juvenile Justice or the Department of Children and Family Services are required to submit to employment screening.
  
  

Restrictions

• Under Florida Statutes, Chapter 768, an employer must obtain written permission from a prospective employee before conducting a driver's license check. Under the Equal Employment Opportunities Act and Chapter 760 of Florida Statutes, background checks for employment purposes cannot refer to race, creed, color, marital status or age.
  
  

Screening Standards

• Chapter 435 of Florida Statutes describes two employment screening standards that apply to employees that undergo screening as a condition of employment. Level one screening includes employment-history checks and statewide criminal checks through the Florida Department of Law Enforcement. It may also include local criminal-records checks through local law enforcement agencies such as the police department. Florida Statute 435.04 describes level-two screening requirements. It applies to all employment positions designated as those of trust or responsibility, such as nursing home employees or those in public office. A security background investigation is required as a condition of employment and continued employment. Level two requirements state that a person must not be found guilty of offenses such as sexual misconduct, adult abuse or neglect, murder, manslaughter, vehicular homicide, battery, kidnapping, arson and robbery.
  
  

Negligent Hiring

• The Tort Reform Act of 1999 provides employers with a defense against negligent hiring claims if they performed effective measures to screen prospective employees. Effective measures include: background checks into the Florida Department of Law Enforcement criminal records; contacting references and former employers; requiring a completed job application; obtaining written authorization to check a driver's license if applicable to the work involved; interviewing the job applicant.