The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES

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F.S. 166.0443

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;

(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.

History.—ss. 1, 2, ch. 86-259.

¹Note.—Also published at s. 125.581.

F.S. 166.0443 on Google Scholar

F.S. 166.0443 on Casetext

Amendments to 166.0443

Arrestable Offenses / Crimes under Fla. Stat. 166.0443

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 166.0443.

Annotations, Discussions, Cases:

Cases from cite.case.law:

P. SCIARRINO, d b a s v. CITY OF KEY WEST, FLORIDA, a, 83 F.3d 364 (11th Cir. 1996)

. . . . § 166.0443, which prohibits municipalities (not employers) from requiring the “registration ... of . . . Id. § 166.0443(l)a-d. . . .

P. SCIARRINO, d b a s v. CITY OF KEY WEST, a, 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 § 166.0443 (the “Statute”). . . . Specifically, Florida Statute § 166.0443 prohibits municipalities from enacting any ordinance that requires . . . The validly enacted Ordinance does not violate the First Amendment or Florida Statute § 166.0443. . . . Florida Statutes § 166.0443 provides, in full: (1) Except as authorized by law, no county or municipality . . .