ENROLLED
       2011 Legislature                    CS for SB 146, 2nd Engrossed
       
       
       
       
       
       
                                                              2011146er
    1  
    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
    6         offenders; amending s. 112.011, F.S.; prohibiting
    7         state agencies from denying an application for a
    8         license, permit, certificate, or employment based
    9         solely on a person’s lack of civil rights; providing
   10         an exception; providing effective dates.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. This act may be cited as the “Jim King Keep
   15  Florida Working Act.”
   16         Section 2. Restrictions on the employment of ex-offenders;
   17  legislative intent; state agency reporting requirements.—
   18         (1) The Legislature declares that a goal of this state is
   19  to clearly identify the occupations from which ex-offenders are
   20  disqualified based on the nature of their offenses. The
   21  Legislature seeks to make employment opportunities available to
   22  ex-offenders in a manner that serves to preserve and protect the
   23  health, safety, and welfare of the general public, yet
   24  encourages them to become productive members of society. To this
   25  end, state agencies that exercise regulatory authority are in
   26  the best position to identify all restrictions on employment
   27  imposed by the agencies or by boards that regulate professions
   28  and occupations and are obligated to protect the health, safety,
   29  and welfare of the general public by clearly setting forth those
   30  restrictions in keeping with standards and protections
   31  determined by the agencies to be in the least restrictive
   32  manner.
   33         (2) Each state agency, including, but not limited to, those
   34  state agencies responsible for professional and occupational
   35  regulatory boards, shall ensure the appropriate restrictions
   36  necessary to protect the overall health, safety, and welfare of
   37  the general public are in place, and by December 31, 2011, and
   38  every 4 years thereafter, submit to the Governor, the President
   39  of the Senate, and the Speaker of the House of Representatives a
   40  report that includes:
   41         (a) A list of all agency or board statutes or rules that
   42  disqualify from employment or licensure persons who have been
   43  convicted of a crime and have completed any incarceration and
   44  restitution to which they have been sentenced for such crime.
   45         (b) A determination of whether the disqualifying statutes
   46  or rules are readily available to prospective employers and
   47  licensees.
   48         (c) The identification and evaluation of alternatives to
   49  the disqualifying statutes or rules which protect the health,
   50  safety, and welfare of the general public without impeding the
   51  gainful employment of ex-offenders.
   52         Section 3. Effective January 1, 2012, section 112.011,
   53  Florida Statutes, is amended to read:
   54         112.011 Disqualification from licensing and public
   55  employment based on criminal conviction Felons; removal of
   56  disqualifications for employment, exceptions.—
   57         (1)(a) Except as provided in s. 775.16, a person may shall
   58  not be disqualified from employment by the state, any of its
   59  agencies or political subdivisions, or any municipality solely
   60  because of a prior conviction for a crime. However, a person may
   61  be denied employment by the state, any of its agencies or
   62  political subdivisions, or any municipality by reason of the
   63  prior conviction for a crime if the crime was a felony or first
   64  degree misdemeanor and directly related to the position of
   65  employment sought.
   66         (b) Except as provided in s. 775.16, a person whose civil
   67  rights have been restored shall not be disqualified to practice,
   68  pursue, or engage in any occupation, trade, vocation,
   69  profession, or business for which a license, permit, or
   70  certificate is required to be issued by the state, any of its
   71  agencies or political subdivisions, or any municipality solely
   72  because of a prior conviction for a crime. However, a person
   73  whose civil rights have been restored may be denied a license,
   74  permit, or certification to pursue, practice, or engage in an
   75  occupation, trade, vocation, profession, or business by reason
   76  of the prior conviction for a crime if the crime was a felony or
   77  first-degree first degree misdemeanor that is and directly
   78  related to the standards determined by the regulatory authority
   79  to be necessary and reasonably related to the protection of the
   80  public health, safety, and welfare for the specific occupation,
   81  trade, vocation, profession, or business for which the license,
   82  permit, or certificate is sought.
   83         (c) Notwithstanding any law to the contrary, a state agency
   84  may not deny an application for a license, permit, certificate,
   85  or employment based solely on the applicant’s lack of civil
   86  rights. However, this paragraph does not apply to applications
   87  for a license to carry a concealed weapon or firearm under
   88  chapter 790.
   89         (2)(a) This section does shall not apply be applicable to
   90  any law enforcement or correctional agency.
   91         (b) This section does shall not apply be applicable to the
   92  employment practices of any fire department relating to the
   93  hiring of firefighters. An applicant for employment with any
   94  fire department who has with a prior felony conviction shall be
   95  excluded from employment for a period of 4 years after
   96  expiration of sentence or final release by the Parole Commission
   97  unless the applicant, before prior to the expiration of the 4
   98  year period, has received a full pardon or has had his or her
   99  civil rights restored.
  100         (c) This section does shall not apply be applicable to the
  101  employment practices of any county or municipality relating to
  102  the hiring of personnel for positions deemed to be critical to
  103  security or public safety pursuant to ss. 125.5801 and 166.0442.
  104         (3) Any complaint concerning the violation of this section
  105  shall be adjudicated in accordance with the procedures set forth
  106  in chapter 120 for administrative and judicial review.
  107         Section 4. Except as otherwise expressly provided in this
  108  act, this act shall take effect upon becoming a law.