Florida Senate - 2013 SB 232 By Senator Margolis 35-00408-13 2013232__ 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 (10) is added to section 408.809, 20 Florida Statutes, to read: 21 408.809 Background screening; prohibited offenses.— 22 (10) 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, 2013.