CS/HB 449

1
A bill to be entitled
2An act relating to criminal justice; providing a short
3title; providing legislative intent; requiring state
4agencies to prepare reports that identify and evaluate
5restrictions on licensing and employment for ex-offenders;
6amending s. 112.011, F.S.; prohibiting state agencies from
7denying an application for a license, permit, certificate,
8or employment based solely on a person's lack of civil
9rights; providing an exception; providing effective dates.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  This act may be cited as the "Jim King Keep
14Florida Working Act."
15     Section 2.  Restrictions on the employment of ex-offenders;
16legislative intent; state agency reporting requirements.-
17     (1)  The Legislature declares that a goal of this state is
18to clearly identify the occupations from which ex-offenders are
19disqualified based on the nature of their offenses. The
20Legislature seeks to make employment opportunities available to
21ex-offenders in a manner that serves to preserve and protect the
22health, safety, and welfare of the general public, yet
23encourages them to become productive members of society. To this
24end, state agencies that exercise regulatory authority are in
25the best position to identify all restrictions on employment
26imposed by the agencies or by boards that regulate professions
27and occupations and are obligated to protect the health, safety,
28and welfare of the general public by clearly setting forth those
29restrictions in keeping with standards and protections
30determined by the agencies to be in the least restrictive
31manner.
32     (2)  Each state agency, including, but not limited to,
33those state agencies responsible for professional and
34occupational regulatory boards, shall ensure the appropriate
35restrictions necessary to protect the overall health, safety,
36and welfare of the general public are in place, and by December
3731, 2011, and every 4 years thereafter, submit to the Governor,
38the President of the Senate, and the Speaker of the House of
39Representatives a report that includes:
40     (a)  A list of all agency or board statutes or rules that
41disqualify from employment or licensure persons who have been
42convicted of a crime and have completed any incarceration and
43restitution to which they have been sentenced for such crime.
44     (b)  A determination of whether the disqualifying statutes
45or rules are readily available to prospective employers and
46licensees.
47     (c)  The identification and evaluation of alternatives to
48the disqualifying statutes or rules which protect the health,
49safety, and welfare of the general public without impeding the
50gainful employment of ex-offenders.
51     Section 3.  Effective January 1, 2012, section 112.011,
52Florida Statutes, is amended to read:
53     112.011  Disqualification from licensing and public
54employment based on criminal conviction Felons; removal of
55disqualifications for employment, exceptions.-
56     (1)(a)  Except as provided in s. 775.16, a person may shall
57not be disqualified from employment by the state, any of its
58agencies or political subdivisions, or any municipality solely
59because of a prior conviction for a crime. However, a person may
60be denied employment by the state, any of its agencies or
61political subdivisions, or any municipality by reason of the
62prior conviction for a crime if the crime was a felony or first
63degree misdemeanor and directly related to the position of
64employment sought.
65     (b)  Except as provided in s. 775.16, a person whose civil
66rights have been restored shall not be disqualified to practice,
67pursue, or engage in any occupation, trade, vocation,
68profession, or business for which a license, permit, or
69certificate is required to be issued by the state, any of its
70agencies or political subdivisions, or any municipality solely
71because of a prior conviction for a crime. However, a person
72whose civil rights have been restored may be denied a license,
73permit, or certification to pursue, practice, or engage in an
74occupation, trade, vocation, profession, or business by reason
75of the prior conviction for a crime if the crime was a felony or
76first-degree first degree misdemeanor that is and directly
77related to the standards determined by the regulatory authority
78to be necessary and reasonably related to the protection of the
79public health, safety, and welfare for the specific occupation,
80trade, vocation, profession, or business for which the license,
81permit, or certificate is sought.
82     (c)  Notwithstanding any law to the contrary, a state
83agency may not deny an application for a license, permit,
84certificate, or employment based solely on the applicant's lack
85of civil rights. However, this paragraph does not apply to
86applications for a license to carry a concealed weapon or
87firearm under chapter 790.
88     (2)(a)  This section does shall not apply be applicable to
89any law enforcement or correctional agency.
90     (b)  This section does shall not apply be applicable to the
91employment practices of any fire department relating to the
92hiring of firefighters. An applicant for employment with any
93fire department who has with a prior felony conviction shall be
94excluded from employment for a period of 4 years after
95expiration of sentence or final release by the Parole Commission
96unless the applicant, before prior to the expiration of the 4-
97year period, has received a full pardon or has had his or her
98civil rights restored.
99     (c)  This section does shall not apply be applicable to the
100employment practices of any county or municipality relating to
101the hiring of personnel for positions deemed to be critical to
102security or public safety pursuant to ss. 125.5801 and 166.0442.
103     (3)  Any complaint concerning the violation of this section
104shall be adjudicated in accordance with the procedures set forth
105in chapter 120 for administrative and judicial review.
106     Section 4.  Except as otherwise expressly provided in this
107act, this act shall take effect upon becoming a law.


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