| 1 | A bill to be entitled | 
| 2 | An act relating to background screening; amending s.  | 
| 3 | 408.809, F.S.; prohibiting a person from being  | 
| 4 | disqualified from employment providing personal  | 
| 5 | treatment, counseling, or other services to persons  | 
| 6 | who have been convicted of a criminal offense solely  | 
| 7 | on the basis of inability to qualify due to prior  | 
| 8 | criminal history; amending s. 435.07, F.S.; providing  | 
| 9 | that certain persons with a criminal record who are  | 
| 10 | employed or apply for employment to provide specified  | 
| 11 | services to persons who have been convicted of a  | 
| 12 | criminal offense may apply for an exemption from  | 
| 13 | disqualification from employment without being subject  | 
| 14 | to an otherwise applicable waiting period; providing  | 
| 15 | an effective date. | 
| 16 | 
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| 17 | Be It Enacted by the Legislature of the State of Florida: | 
| 18 | 
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| 19 |      Section 1.  Subsection (9) is added to section 408.809,  | 
| 20 | Florida Statutes, to read: | 
| 21 |      408.809  Background screening; prohibited offenses.- | 
| 22 |      (9)  A person who is employed for the purpose of providing  | 
| 23 | personal treatment, counseling, or other services to persons who  | 
| 24 | have been convicted of a criminal offense may not be denied  | 
| 25 | employment solely on the basis of an inability to qualify  | 
| 26 | pursuant to the provisions of this section. | 
| 27 |      Section 2.  Subsection (6) is added to section 435.07,  | 
| 28 | Florida Statutes, to read: | 
| 29 |      435.07  Exemptions from disqualification.-Unless otherwise  | 
| 30 | provided by law, the provisions of this section apply to  | 
| 31 | exemptions from disqualification for disqualifying offenses  | 
| 32 | revealed pursuant to background screenings required under this  | 
| 33 | chapter, regardless of whether those disqualifying offenses are  | 
| 34 | listed in this chapter or other laws. | 
| 35 |      (6)  Persons employed, or applicants for employment, by  | 
| 36 | organizations that provide personal treatment, counseling, or  | 
| 37 | other services to persons who have been convicted of a criminal  | 
| 38 | offense and who are disqualified from employment solely because  | 
| 39 | of their own criminal record may be exempted from  | 
| 40 | disqualification from employment pursuant to this chapter  | 
| 41 | without application of the waiting period in paragraph (1)(a). | 
| 42 |      Section 3.  This act shall take effect July 1, 2012. |