Florida Senate - 2018                                     SB 380
       
       
        
       By Senator Clemens
       
       
       
       
       
       31-00600-18                                            2018380__
    1                        A bill to be entitled                      
    2         An act relating to criminal history records in
    3         applications for public employment and admission to
    4         public postsecondary educational institutions;
    5         creating s. 760.105, F.S.; prohibiting a public
    6         employer from inquiring into or considering an
    7         applicant’s criminal history on an initial employment
    8         application unless required to do so by law; creating
    9         s. 1007.36, F.S.; prohibiting public postsecondary
   10         educational institutions from inquiring into or
   11         considering the criminal history of an applicant
   12         seeking admission; providing an effective date.
   13  
   14         WHEREAS, reducing barriers to public employment and
   15  postsecondary education for people who have a criminal history,
   16  reducing the unemployment rate, and increasing access to public
   17  postsecondary education are issues of statewide concern, and
   18         WHEREAS, prohibiting a public employer or public
   19  postsecondary educational institution from inquiring into or
   20  considering an applicant’s criminal history on an initial
   21  employment application or an admissions application increases
   22  employment and educational opportunities for those who have a
   23  criminal history, thereby reducing the rate of recidivism,
   24  improving economic stability, and increasing access to public
   25  postsecondary education, NOW, THEREFORE,
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 760.105, Florida Statutes, is created to
   30  read:
   31         760.105 Unlawful employment screening.—Unless otherwise
   32  required by law, a public employer, as defined in s. 440.102,
   33  may not inquire into or consider an applicant’s criminal history
   34  on an initial employment application. A public employer may
   35  inquire into or consider an applicant’s criminal history only
   36  after the applicant’s qualifications have been screened and the
   37  employer has determined that the applicant meets the minimum
   38  employment requirements specified for a given position.
   39         Section 2. Section 1007.36, Florida Statutes, is created to
   40  read:
   41         1007.36 Unlawful admissions inquiries.—A public
   42  postsecondary educational institution may not inquire into or
   43  consider the criminal history of an applicant seeking admission
   44  to the institution.
   45         Section 3. This act shall take effect July 1, 2018.