Table of Contents
Snapshot
In Florida’s private sector, workplace lie-detector testing is largely off-limits under the federal Employee Polygraph Protection Act (EPPA), with only narrow exceptions. In criminal courts, Florida treats polygraph results as inadmissible as a matter of law. Public agencies (e.g., police) commonly use pre-employment polygraphs because EPPA doesn’t cover government employers. DOL
What EPPA Does (and what it means in Florida)
- Bars most private employers from requesting, requiring, or using lie-detector tests for hiring or employment actions.
- Prohibits retaliation for refusing a test or asserting EPPA rights.
- Allows narrow exceptions (e.g., armored car/guard/alarm services; certain pharmaceutical roles; or a specific, documented investigation into economic loss like theft) — each with strict procedures (written notice, qualified examiner, confidentiality). DOL
Posters & notice: Florida employers must display the federal EPPA rights poster where employees/applicants can see it. Many Florida employer resources include EPPA in required poster bundles. DOL Poster
Florida Courts: Admissibility of Polygraph Evidence
Florida appellate guidance is consistent: polygraph results are inadmissible as a matter of law and not subject to a Frye reliability hearing. Even with evolving techniques, courts have repeatedly rejected admission of results. The Florida Supreme Court has also addressed instructions when results are admitted by stipulation, underscoring the judiciary’s skepticism. Florida Supreme Court
Practical effect: A “pass” may sometimes influence investigative or charging decisions, but juries almost never hear polygraph results at trial. Florida Supreme Court
Public-Sector Practice in Florida (EPPA does not apply)
EPPA generally does not cover federal, state, or local government. In Florida, many law-enforcement agencies include a polygraph (or voice-stress screening) during background investigations. Examples:
- Miami Police Department scheduling polygraph appointments as part of applicant processing. Miami Police
- Fort Lauderdale Police Department administering a polygraph after a conditional offer; results are time-limited for reuse. flpd.gov
Florida’s professional community also publishes EPPA primers for employers and examiners, reinforcing that government employers are outside EPPA while private employers must follow it. Florida Polygraph Association
Employee Rights in Florida (Private Sector)
- You can refuse a lie-detector test in nearly all private-sector situations.
- If an employer invokes an EPPA exception (e.g., a targeted theft investigation), you must receive detailed written notice and other protections.
- You can file complaints with the U.S. Department of Labor; EPPA provides for enforcement and civil remedies. DOL
Florida Employer Checklist (Private Sector)
- Assume EPPA applies. Do not seek or use polygraphs unless a clearly applicable exception exists and every procedural step can be met. DOL
- Provide the EPPA poster/notice and maintain required records. DOL Poster
- If using an exception: give a written, incident-specific statement (economic loss, access, basis for suspicion), use a qualified examiner, keep results confidential, and don’t base adverse action solely on results without meeting EPPA’s conditions. DOL
- Know the courtroom reality: even if a test occurs, Florida courts generally won’t admit the results at trial. Florida Supreme Court
Key Takeaways
- Private sector: EPPA blocks most employer polygraphs in Florida; exceptions are narrow and procedure-heavy. DOL
- Courts: Polygraph results are inadmissible in Florida criminal trials as a matter of law. Florida Supreme Court
- Public sector: Florida law-enforcement agencies commonly use pre-employment polygraphs; EPPA does not restrict them. Miami Police
