Bill Text: FL H0449 | 2011 | Regular Session | Comm Sub
Bill Title: Criminal Justice
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2011-04-26 - Substituted CS/SB 146 [H0449 Detail]
Download: Florida-2011-H0449-Comm_Sub.html
CS/HB 449 |
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2 | An act relating to criminal justice; providing a short |
3 | title; providing legislative intent; requiring state |
4 | agencies to prepare reports that identify and evaluate |
5 | restrictions on licensing and employment for ex-offenders; |
6 | amending s. 112.011, F.S.; prohibiting state agencies from |
7 | denying an application for a license, permit, certificate, |
8 | or employment based solely on a person's lack of civil |
9 | rights; providing an exception; providing effective dates. |
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11 | Be It Enacted by the Legislature of the State of Florida: |
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13 | Section 1. This act may be cited as the "Jim King Keep |
14 | Florida Working Act." |
15 | Section 2. Restrictions on the employment of ex-offenders; |
16 | legislative intent; state agency reporting requirements.- |
17 | (1) The Legislature declares that a goal of this state is |
18 | to clearly identify the occupations from which ex-offenders are |
19 | disqualified based on the nature of their offenses. The |
20 | Legislature seeks to make employment opportunities available to |
21 | ex-offenders in a manner that serves to preserve and protect the |
22 | health, safety, and welfare of the general public, yet |
23 | encourages them to become productive members of society. To this |
24 | end, state agencies that exercise regulatory authority are in |
25 | the best position to identify all restrictions on employment |
26 | imposed by the agencies or by boards that regulate professions |
27 | and occupations and are obligated to protect the health, safety, |
28 | and welfare of the general public by clearly setting forth those |
29 | restrictions in keeping with standards and protections |
30 | determined by the agencies to be in the least restrictive |
31 | manner. |
32 | (2) Each state agency, including, but not limited to, |
33 | those state agencies responsible for professional and |
34 | occupational regulatory boards, shall ensure the appropriate |
35 | restrictions necessary to protect the overall health, safety, |
36 | and welfare of the general public are in place, and by December |
37 | 31, 2011, and every 4 years thereafter, submit to the Governor, |
38 | the President of the Senate, and the Speaker of the House of |
39 | Representatives a report that includes: |
40 | (a) A list of all agency or board statutes or rules that |
41 | disqualify from employment or licensure persons who have been |
42 | convicted of a crime and have completed any incarceration and |
43 | restitution to which they have been sentenced for such crime. |
44 | (b) A determination of whether the disqualifying statutes |
45 | or rules are readily available to prospective employers and |
46 | licensees. |
47 | (c) The identification and evaluation of alternatives to |
48 | the disqualifying statutes or rules which protect the health, |
49 | safety, and welfare of the general public without impeding the |
50 | gainful employment of ex-offenders. |
51 | Section 3. Effective January 1, 2012, section 112.011, |
52 | Florida Statutes, is amended to read: |
53 | 112.011 Disqualification from licensing and public |
54 | employment based on criminal conviction |
55 | |
56 | (1)(a) Except as provided in s. 775.16, a person may |
57 | not be disqualified from employment by the state, any of its |
58 | agencies or political subdivisions, or any municipality solely |
59 | because of a prior conviction for a crime. However, a person may |
60 | be denied employment by the state, any of its agencies or |
61 | political subdivisions, or any municipality by reason of the |
62 | prior conviction for a crime if the crime was a felony or first |
63 | degree misdemeanor and directly related to the position of |
64 | employment sought. |
65 | (b) Except as provided in s. 775.16, a person |
66 | |
67 | |
68 | |
69 | |
70 | |
71 | |
72 | |
73 | permit, or certification to pursue, practice, or engage in an |
74 | occupation, trade, vocation, profession, or business by reason |
75 | of the prior conviction for a crime if the crime was a felony or |
76 | first-degree |
77 | related to the standards determined by the regulatory authority |
78 | to be necessary and reasonably related to the protection of the |
79 | public health, safety, and welfare for the specific occupation, |
80 | trade, vocation, profession, or business for which the license, |
81 | permit, or certificate is sought. |
82 | (c) Notwithstanding any law to the contrary, a state |
83 | agency may not deny an application for a license, permit, |
84 | certificate, or employment based solely on the applicant's lack |
85 | of civil rights. However, this paragraph does not apply to |
86 | applications for a license to carry a concealed weapon or |
87 | firearm under chapter 790. |
88 | (2)(a) This section does |
89 | any law enforcement or correctional agency. |
90 | (b) This section does |
91 | employment practices of any fire department relating to the |
92 | hiring of firefighters. An applicant for employment with any |
93 | fire department who has |
94 | excluded from employment for a period of 4 years after |
95 | expiration of sentence or final release by the Parole Commission |
96 | unless the applicant, before |
97 | year period, has received a full pardon or has had his or her |
98 | civil rights restored. |
99 | (c) This section does |
100 | employment practices of any county or municipality relating to |
101 | the hiring of personnel for positions deemed to be critical to |
102 | security or public safety pursuant to ss. 125.5801 and 166.0442. |
103 | (3) Any complaint concerning the violation of this section |
104 | shall be adjudicated in accordance with the procedures set forth |
105 | in chapter 120 for administrative and judicial review. |
106 | Section 4. Except as otherwise expressly provided in this |
107 | act, this act shall take effect upon becoming a law. |
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