Florida Statutes
Fla. Stat. § 166.0443 (2025)
Certain local employment registration prohibited.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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1166.0443 Certain local employment registration prohibited.—
(1) Except as authorized by law, no county or municipality shall enact or enforce any ordinance, resolution, rule, regulation, policy, or other action which requires the registration or background screening of any individual engaged in or applying for a specific type or category of employment in the county or municipality or requires the carrying of an identification card issued as a result of such registration or screening, whether or not such requirement is based upon the residency of the person. However, an ordinance that regulates any business, institution, association, profession, or occupation by requiring background screening, which may include proof of certain skills, knowledge, or moral character, is not prohibited by this section, provided that such regulation:
(a) Is not preempted to the state or is not otherwise prohibited by law;
(b) Is a valid exercise of the police power;
(c) Is narrowly designed to offer the protection sought by the county or municipality; and
(d) Does not unfairly discriminate against any class of individuals.
(2) This section shall not be construed to prohibit any employer, including a local government, from investigating the background of employees or prospective employees or from requiring employees to carry an identification card or registration card.
Notes of Decisions
Cited in 1
case, 1994–1994 · leading case: Sciarrino v. City of Key West, 867 F. Supp. 1017 (S.D. Fla. 1994).
Sciarrino v. City of Key West, 867 F. Supp. 1017 (S.D. Fla. 1994). “Florida Statute § 166.0443 Having found that the Ordinance is valid under the First Amendment, the Court now examines the Ordinance’s validity under Florida Statute § 166.”
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