| 1 | A bill to be entitled | 
| 2 | An act relating to disqualifications for employment;  | 
| 3 | amending s. 112.011, F.S.; providing that a person may not  | 
| 4 | be disqualified from receiving a license, permit, or  | 
| 5 | certificate or from obtaining public employment on the  | 
| 6 | grounds that the person's civil rights have not been  | 
| 7 | restored; providing that a person is not required to  | 
| 8 | secure the restoration of his or her civil rights or prove  | 
| 9 | that his or her civil rights have been restored in order  | 
| 10 | to receive a license, permit, or certificate or to obtain  | 
| 11 | public employment; providing an effective date. | 
| 12 | 
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| 13 | Be It Enacted by the Legislature of the State of Florida: | 
| 14 | 
  | 
| 15 |      Section 1.  Section 112.011, Florida Statutes, is amended  | 
| 16 | to read: | 
| 17 |      112.011  Disqualification for licensing and public  | 
| 18 | employment based on criminal conviction Felons; removal of  | 
| 19 | disqualifications for employment, exceptions.-- | 
| 20 |      (1)(a)  Except as provided in s. 775.16, a person may shall  | 
| 21 | not be disqualified from employment by the state, any of its  | 
| 22 | agencies or political subdivisions, or any municipality solely  | 
| 23 | because of a prior conviction for a crime. However, a person may  | 
| 24 | be denied employment by the state, any of its agencies or  | 
| 25 | political subdivisions, or any municipality by reason of the  | 
| 26 | prior conviction for a crime if the crime was a felony or first  | 
| 27 | degree misdemeanor and directly related to the position of  | 
| 28 | employment sought. | 
| 29 |      (b)  Except as provided in s. 775.16, a person whose civil  | 
| 30 | rights have been restored shall not be disqualified to practice,  | 
| 31 | pursue, or engage in any occupation, trade, vocation,  | 
| 32 | profession, or business for which a license, permit, or  | 
| 33 | certificate is required to be issued by the state, any of its  | 
| 34 | agencies or political subdivisions, or any municipality solely  | 
| 35 | because of a prior conviction for a crime. However, a person  | 
| 36 | whose civil rights have been restored may be denied a license,  | 
| 37 | permit, or certification to pursue, practice, or engage in an  | 
| 38 | occupation, trade, vocation, profession, or business by reason  | 
| 39 | of the prior conviction for a crime if the crime was a felony or  | 
| 40 | first degree misdemeanor and directly related to or relevant to  | 
| 41 | the standards normally associated with, or determined by the  | 
| 42 | regulatory authority to be necessary for, the protection of the  | 
| 43 | public or other parties with relationships with the specific  | 
| 44 | occupation, trade, vocation, profession, or business for which  | 
| 45 | the license, permit, or certificate is sought. | 
| 46 |      (c)  Notwithstanding any law to the contrary, the status of  | 
| 47 | a person's civil rights may not be considered a disqualification  | 
| 48 | or grounds for denial of a license, permit, or certificate or  | 
| 49 | public employment. A person is not required to secure the  | 
| 50 | restoration of his or her civil rights or to prove that his or  | 
| 51 | her civil rights have been restored in order to be considered  | 
| 52 | for a license, permit, or certificate or to be considered for  | 
| 53 | public employment. | 
| 54 |      (2)(a)  This section does shall not apply be applicable to  | 
| 55 | any law enforcement or correctional agency. | 
| 56 |      (b)  This section does shall not apply be applicable to the  | 
| 57 | employment practices of any fire department relating to the  | 
| 58 | hiring of firefighters. An applicant for employment with any  | 
| 59 | fire department who has with a prior felony conviction shall be  | 
| 60 | excluded from employment for a period of 4 years after  | 
| 61 | expiration of sentence or final release by the Parole Commission  | 
| 62 | unless the applicant, prior to the expiration of the 4-year  | 
| 63 | period, has received a full pardon or has had his or her civil  | 
| 64 | rights restored. | 
| 65 |      (c)  This section does shall not apply be applicable to the  | 
| 66 | employment practices of any county or municipality relating to  | 
| 67 | the hiring of personnel for positions deemed to be critical to  | 
| 68 | security or public safety pursuant to ss. 125.5801 and 166.0442. | 
| 69 |      (3)  Any complaint concerning the violation of this section  | 
| 70 | shall be adjudicated in accordance with the procedures set forth  | 
| 71 | in chapter 120 for administrative and judicial review. | 
| 72 |      Section 2.  This act shall take effect July 1, 2008. |