| 1 | A bill to be entitled |
| 2 | An act relating to the employment of ex-offenders; |
| 3 | providing legislative intent; requiring state agencies and |
| 4 | regulatory boards to submit to legislative officers and |
| 5 | committees a report that states current restrictions on |
| 6 | the employment of ex-offenders and possible alternatives |
| 7 | that are compatible with protecting the public safety; |
| 8 | requiring that such a report be submitted biennially; |
| 9 | providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Restrictions on the employment of ex-offenders; |
| 14 | legislative intent; state agency reporting requirements.-- |
| 15 | (1) The Legislature declares that it is the policy of this |
| 16 | state to provide to prospective employees a clear statement of |
| 17 | which crimes would disqualify ex-offenders from which |
| 18 | occupations. It is the intent of the Legislature to make |
| 19 | opportunities for employment available to ex-offenders so that |
| 20 | they will be less likely to revert to criminal behavior, insofar |
| 21 | as the employment of such persons does not detract from the |
| 22 | safety of the public. The Legislature further declares that |
| 23 | state agencies should clearly state all restrictions imposed by |
| 24 | the agencies or by boards that regulate professions and |
| 25 | occupations on the employment of persons who have committed |
| 26 | crimes and have paid their debts to society and should make an |
| 27 | effort to establish that each such restriction is as limited as |
| 28 | possible while continuing to support the goal of public safety. |
| 29 | (2) Each state agency, including, but not limited to, |
| 30 | professional and occupational regulatory boards, shall, by |
| 31 | December 31, 2008, submit to the President of the Senate, the |
| 32 | Speaker of the House of Representatives, and the chairs of the |
| 33 | appropriate legislative committees a report that includes: |
| 34 | (a) A list of all laws, rules, policies, and practices |
| 35 | followed by the agency or imposed by the board which disqualify |
| 36 | from employment persons who have been convicted of a crime and |
| 37 | have completed any incarceration and restitution to which they |
| 38 | have been sentenced for such a crime. |
| 39 | (b) The conclusions resulting from a review of these laws, |
| 40 | rules, policies, and practices which the agency has conducted, |
| 41 | including, for each such law, rule, policy, and practice, |
| 42 | documentation of whether it is clearly stated in writing and is |
| 43 | readily available to prospective employees and a statement of |
| 44 | any less restrictive way to protect the safety of the public |
| 45 | while simultaneously providing employment opportunities for ex- |
| 46 | offenders. |
| 47 | (c) If the restriction is based on a standard of good |
| 48 | moral character, crimes or acts of moral turpitude, or crimes |
| 49 | related to a specific occupation, proposed alternative wording |
| 50 | of laws, rules, and policies which more precisely describes the |
| 51 | basis for denial of employment. |
| 52 | (d) Proposed ways of removing unnecessary barriers to the |
| 53 | employment of ex-offenders which are not mandated by statute. |
| 54 | (e) Proposed statutory amendments that would reduce |
| 55 | undesirable barriers to employment, render the remaining |
| 56 | barriers optimally consistent among jobs that have very similar |
| 57 | characteristics and require nearly identical degrees of |
| 58 | trustworthiness and responsibility, and improve the clarity of |
| 59 | requirements applicable to an ex-offender who seeks employment |
| 60 | with a state agency or in an occupation regulated by a state |
| 61 | board. |
| 62 | (3) Beginning in 2011, each state agency shall submit a |
| 63 | report in accordance with subsection (2) biennially by December |
| 64 | 31 of each odd-numbered year. |
| 65 | Section 2. This act shall take effect July 1, 2008. |