Florida Senate - 2011                                     SB 590
       
       
       
       By Senator Wise
       
       
       
       
       5-00303-11                                             2011590__
    1                        A bill to be entitled                      
    2         An act relating to public employment practices;
    3         defining the terms “applicant” and “public employer”;
    4         prohibiting a public employer from inquiring into or
    5         considering the criminal history record of an
    6         applicant for public employment until the applicant
    7         has been selected for an interview by the public
    8         employer; providing that the restriction does not
    9         prohibit a public employer from notifying an applicant
   10         that a law or the employer’s policy may disqualify the
   11         applicant from employment in a particular position
   12         with the public employer; providing an exemption;
   13         providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Public employment; consideration of criminal
   18  records in application process.—
   19         (1) As used in this section, the term:
   20         (a) “Applicant” means a person who has submitted a written
   21  application for a position with a public employer.
   22         (b) “Public employer” means:
   23         1. A state agency or political subdivision of the state;
   24         2. An instrumentality that is wholly owned by one or more
   25  state agencies or political subdivisions of the state; or
   26         3. An instrumentality that is wholly owned by one or more
   27  state agencies, political subdivisions, or instrumentalities of
   28  the state and one or more state agencies or political
   29  subdivisions of one or more other states.
   30         (2) A public employer may not inquire into or consider the
   31  criminal history record of an applicant for public employment
   32  until the applicant has been selected for an interview by the
   33  public employer.
   34         (3) This section does not prohibit a public employer from
   35  notifying an applicant that a law or the public employer’s
   36  policy may disqualify the applicant from employment in a
   37  particular position with the public employer.
   38         (4) This section does not apply to a law enforcement agency
   39  or correctional agency.
   40         Section 2. This act shall take effect July 1, 2011.