Florida Senate - 2018 SB 380 By Senator Clemens 31-00600-18 2018380__ 1 A bill to be entitled 2 An act relating to criminal history records in 3 applications for public employment and admission to 4 public postsecondary educational institutions; 5 creating s. 760.105, F.S.; prohibiting a public 6 employer from inquiring into or considering an 7 applicant’s criminal history on an initial employment 8 application unless required to do so by law; creating 9 s. 1007.36, F.S.; prohibiting public postsecondary 10 educational institutions from inquiring into or 11 considering the criminal history of an applicant 12 seeking admission; providing an effective date. 13 14 WHEREAS, reducing barriers to public employment and 15 postsecondary education for people who have a criminal history, 16 reducing the unemployment rate, and increasing access to public 17 postsecondary education are issues of statewide concern, and 18 WHEREAS, prohibiting a public employer or public 19 postsecondary educational institution from inquiring into or 20 considering an applicant’s criminal history on an initial 21 employment application or an admissions application increases 22 employment and educational opportunities for those who have a 23 criminal history, thereby reducing the rate of recidivism, 24 improving economic stability, and increasing access to public 25 postsecondary education, NOW, THEREFORE, 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 760.105, Florida Statutes, is created to 30 read: 31 760.105 Unlawful employment screening.—Unless otherwise 32 required by law, a public employer, as defined in s. 440.102, 33 may not inquire into or consider an applicant’s criminal history 34 on an initial employment application. A public employer may 35 inquire into or consider an applicant’s criminal history only 36 after the applicant’s qualifications have been screened and the 37 employer has determined that the applicant meets the minimum 38 employment requirements specified for a given position. 39 Section 2. Section 1007.36, Florida Statutes, is created to 40 read: 41 1007.36 Unlawful admissions inquiries.—A public 42 postsecondary educational institution may not inquire into or 43 consider the criminal history of an applicant seeking admission 44 to the institution. 45 Section 3. This act shall take effect July 1, 2018.