HB 7133

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


CODING: Words stricken are deletions; words underlined are additions.