HB 297

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

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