Senate Bill sb2156

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    Florida Senate - 2007                                  SB 2156

    By Senator Wilson





    33-1184A-07

  1                      A bill to be entitled

  2         An act relating to the employment of

  3         ex-offenders; providing legislative intent;

  4         requiring state agencies to submit to

  5         legislative officers and committees a report

  6         that states current restrictions on the

  7         employment of ex-offenders and possible

  8         alternatives that are compatible with

  9         protecting the public safety; requiring that

10         such a report be submitted biennially;

11         providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Restrictions on the employment of

16  ex-offenders; legislative intent; state agency reporting

17  requirements.--

18         (1)  The Legislature declares that it is the policy of

19  this state to provide to prospective employees a clear

20  statement of which crimes would disqualify ex-offenders from

21  which occupations. It is the intent of the Legislature to make

22  opportunities for employment available to ex-offenders so that

23  they will be less likely to revert to criminal behavior,

24  insofar as the employment of such persons does not detract

25  from the safety of the public. The Legislature further

26  declares that state agencies should clearly state all

27  restrictions imposed by the agencies or by boards that

28  regulate professions and occupations on the employment of

29  persons who have committed crimes and have paid their debts to

30  society and should make an effort to establish that each such

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    Florida Senate - 2007                                  SB 2156
    33-1184A-07




 1  restriction is as limited as possible while continuing to

 2  support the goal of public safety.

 3         (2)  Each state agency, including, but not limited to,

 4  professional and occupational regulatory boards, shall, by

 5  December 31, 2007, submit to the President of the Senate, the

 6  Speaker of the House of Representatives, and the chairs of the

 7  appropriate legislative committees a report that includes:

 8         (a)  A list of all laws, rules, policies, and practices

 9  followed by the agency or imposed by the board which

10  disqualify from employment persons who have been convicted of

11  a crime and have completed any incarceration and restitution

12  to which they have been sentenced for such a crime.

13         (b)  The conclusions resulting from a review of these

14  laws, rules, policies, and practices which the agency has

15  conducted, including, for each such law, rule, policy, and

16  practice, documentation of whether it is clearly stated in

17  writing and is readily available to prospective employees and

18  a statement of any less restrictive way to protect the safety

19  of the public while simultaneously providing employment

20  opportunities for ex-offenders.

21         (c)  If the restriction is based on a standard of good

22  moral character, crimes or acts of moral turpitude, or crimes

23  related to a specific occupation, proposed alternative wording

24  of laws, rules, and policies which more precisely describes

25  the basis for denial of employment.

26         (d)  Proposed ways of removing unnecessary barriers to

27  the employment of ex-offenders which barriers are not mandated

28  by statute.

29         (e)  Proposed statutory amendments that would reduce

30  undesirable barriers to employment, render the remaining

31  barriers optimally consistent among jobs that have very

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    Florida Senate - 2007                                  SB 2156
    33-1184A-07




 1  similar characteristics and require nearly identical degrees

 2  of trustworthiness and responsibility, and improve the clarity

 3  of requirements applicable to an ex-offender who seeks

 4  employment with a state agency or in an occupation regulated

 5  by a state board.

 6         (3)  Beginning in 2009, each state agency shall submit

 7  a report in accordance with subsection (2) biennially by

 8  December 31 of each odd-numbered year.

 9         Section 2.  This act shall take effect July 1, 2007.

10  

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12                          SENATE SUMMARY

13    Provides legislative intent relating to the employment of
      ex-offenders. Requires state agencies to submit to
14    legislative officers and committees a report that states
      current restrictions on the employment of ex-offenders
15    and possible alternatives that are compatible with
      protecting the public safety. Requires that such a report
16    be submitted biennially on December 31 of odd-numbered
      years.
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