Hillsborough County, FL Background Screening Data Supplier

Florida Ban the Box and Fair Hiring Practices

Florida does not have a statewide Ban the Box law applicable to private employers. However, Tampa, located within Hillsborough County, has adopted fair hiring practices that apply to public sector hiring. Under Tampa’s ordinance, public employers are restricted from inquiring about criminal history on initial job applications. The intent is to provide individuals with prior convictions a fair opportunity to compete for public employment.

Private employers in Hillsborough County are not legally restricted from asking about criminal history during the application process. However, it is considered a best practice to delay such inquiries until after a conditional offer is made and to evaluate the nature of any convictions in relation to the job role.

Drug Testing and Cannabis Regulations

Florida permits employers to maintain drug-free workplace policies and conduct both pre-employment and random drug testing. Recreational cannabis use remains illegal in Florida, and employers in Hillsborough County are within their rights to disqualify candidates who test positive for marijuana.

For individuals with a valid medical marijuana card under Florida’s Medical Marijuana Use Act, the situation is more nuanced. While the law provides protections for registered users, it does not require employers to accommodate on-site usage or impairment during work hours, particularly in safety-sensitive positions.

FCRA Compliance in Background Screening

All employers and CRAs operating in Hillsborough County must comply with the Fair Credit Reporting Act (FCRA). Key requirements under the FCRA include:

• Providing candidates with a clear, standalone disclosure and obtaining written authorization before initiating a background check
• Issuing a pre-adverse action notice, a copy of the background report, and a summary of rights if adverse action is being considered
• Sending a final adverse action notice after the candidate has had a reasonable opportunity to respond
• Ensuring that all data reported is accurate and up to date, with a process in place for handling disputes

Eagle Eye Screening adheres to FCRA-compliant processes to support both CRAs and their end clients in reducing legal risk.

Florida Privacy and Data Protection Requirements

While Florida does not currently have a comprehensive data privacy law similar to California’s CCPA, data protection remains an important consideration for employers and CRAs operating in Hillsborough County. Florida law mandates the safeguarding of personal information under the Florida Information Protection Act (FIPA).

Under FIPA:

• Businesses must implement and maintain reasonable security measures to protect personal data
• Breaches involving unencrypted personal information must be reported within 30 days
• Disposal of records containing personal information must be performed securely and in compliance with the law

Eagle Eye Screening employs advanced encryption, secure transmission protocols, and strict internal policies to ensure that all background screening data is protected throughout its lifecycle.