Bill Text: FL H0389 | 2012 | Regular Session | Introduced

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Bill Title: Background Screening

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Health and Human Services Access Subcommittee [H0389 Detail]

Download: Florida-2012-H0389-Introduced.html

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HB 389

1	A bill to be entitled
2	An act relating to background screening; amending s.
3	408.809, F.S.; prohibiting a person from being
4	disqualified from employment providing personal
5	treatment, counseling, or other services to persons
6	who have been convicted of a criminal offense solely
7	on the basis of inability to qualify due to prior
8	criminal history; amending s. 435.07, F.S.; providing
9	that certain persons with a criminal record who are
10	employed or apply for employment to provide specified
11	services to persons who have been convicted of a
12	criminal offense may apply for an exemption from
13	disqualification from employment without being subject
14	to an otherwise applicable waiting period; providing
15	an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Subsection (9) is added to section 408.809,
20	Florida Statutes, to read:
21	408.809  Background screening; prohibited offenses.-
22	(9)  A person who is employed for the purpose of providing
23	personal treatment, counseling, or other services to persons who
24	have been convicted of a criminal offense may not be denied
25	employment solely on the basis of an inability to qualify
26	pursuant to the provisions of this section.
27	Section 2.  Subsection (6) is added to section 435.07,
28	Florida Statutes, to read:
29	435.07  Exemptions from disqualification.-Unless otherwise
30	provided by law, the provisions of this section apply to
31	exemptions from disqualification for disqualifying offenses
32	revealed pursuant to background screenings required under this
33	chapter, regardless of whether those disqualifying offenses are
34	listed in this chapter or other laws.
35	(6)  Persons employed, or applicants for employment, by
36	organizations that provide personal treatment, counseling, or
37	other services to persons who have been convicted of a criminal
38	offense and who are disqualified from employment solely because
39	of their own criminal record may be exempted from
40	disqualification from employment pursuant to this chapter
41	without application of the waiting period in paragraph (1)(a).
42	Section 3.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.