Bill Text: FL H0449 | 2011 | Regular Session | Comm Sub

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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

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CS/HB 449

1	A bill to be entitled
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.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
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 Felons; removal of
55	disqualifications for employment, exceptions.-
56	(1)(a)  Except as provided in s. 775.16, a person may shall
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 whose civil
66	rights have been restored shall not be disqualified to practice,
67	pursue, or engage in any occupation, trade, vocation,
68	profession, or business for which a license, permit, or
69	certificate is required to be issued by the state, any of its
70	agencies or political subdivisions, or any municipality solely
71	because of a prior conviction for a crime. However, a person
72	whose civil rights have been restored may be denied a license,
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 first degree misdemeanor that is and directly
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 shall not apply be applicable to
89	any law enforcement or correctional agency.
90	(b)  This section does shall not apply be applicable to the
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 with a prior felony conviction shall be
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 prior to the expiration of the 4-
97	year period, has received a full pardon or has had his or her
98	civil rights restored.
99	(c)  This section does shall not apply be applicable to the
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.

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