| 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. |