| 1 | A bill to be entitled |
| 2 | An act relating to public employment practices; |
| 3 | defining the terms "applicant" and "public employer"; |
| 4 | prohibiting a public employer from inquiring into or |
| 5 | considering the criminal history record of an |
| 6 | applicant for public employment until the applicant |
| 7 | has been selected for an interview by the public |
| 8 | employer; providing that the restriction does not |
| 9 | prohibit a public employer from notifying an applicant |
| 10 | that a law or the employer's policy may disqualify the |
| 11 | applicant from employment in a particular position |
| 12 | with the public employer; providing an exemption; |
| 13 | providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Public employment; consideration of criminal |
| 18 | records in application process.- |
| 19 | (1) As used in this section, the term: |
| 20 | (a) "Applicant" means a person who has submitted a written |
| 21 | application for a position with a public employer. |
| 22 | (b) "Public employer" means: |
| 23 | 1. A state agency or political subdivision of the state; |
| 24 | 2. An instrumentality that is wholly owned by one or more |
| 25 | state agencies or political subdivisions of the state; or |
| 26 | 3. An instrumentality that is wholly owned by one or more |
| 27 | state agencies, political subdivisions, or instrumentalities of |
| 28 | the state and one or more state agencies or political |
| 29 | subdivisions of one or more other states. |
| 30 | (2) A public employer may not inquire into or consider the |
| 31 | criminal history record of an applicant for public employment |
| 32 | until the applicant has been selected for an interview by the |
| 33 | public employer. |
| 34 | (3) This section does not prohibit a public employer from |
| 35 | notifying an applicant that a law or the public employer's |
| 36 | policy may disqualify the applicant from employment in a |
| 37 | particular position with the public employer. |
| 38 | (4) This section does not apply to a law enforcement |
| 39 | agency or correctional agency. |
| 40 | Section 2. This act shall take effect July 1, 2012. |