Florida Senate - 2013                                     SB 232
       
       
       
       By Senator Margolis
       
       
       
       
       35-00408-13                                            2013232__
    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  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (10) is added to section 408.809,
   20  Florida Statutes, to read:
   21         408.809 Background screening; prohibited offenses.—
   22         (10) 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, 2013.