Florida Senate - 2021                                    SB 1646
       
       
        
       By Senator Powell
       
       
       
       
       
       30-00372-21                                           20211646__
    1                        A bill to be entitled                      
    2         An act relating to background screening; creating s.
    3         435.13, F.S.; prohibiting employers from excluding
    4         applicants from an initial interview for employment
    5         under certain conditions; providing a civil penalty
    6         for violations of the act; providing applicability;
    7         providing exceptions; requiring the Department of
    8         Economic Opportunity to enforce the act; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 435.13, Florida Statutes, is created to
   14  read:
   15         435.13 Unlawful employment practices.—
   16         (1) Notwithstanding any other law, an employer may not
   17  exclude an applicant from an initial interview for employment
   18  solely because he or she has been found guilty of, regardless of
   19  adjudication, or entered a plea of nolo contendere or guilty to,
   20  or was adjudicated delinquent and the record has not been sealed
   21  or expunged for, any offense listed under s. 435.04(2).
   22         (2) An employer excludes an applicant from an initial
   23  interview if the employer:
   24         (a) Requires an applicant to disclose on an employment
   25  application whether he or she has been found guilty of,
   26  regardless of adjudication, or entered a plea of nolo contendere
   27  or guilty to, or was adjudicated delinquent and the record has
   28  not been sealed or expunged for, any offense listed under s.
   29  435.04(2);
   30         (b) Requires an applicant to disclose before an initial
   31  interview whether he or she has been found guilty of, regardless
   32  of adjudication, or entered a plea of nolo contendere or guilty
   33  to, or was adjudicated delinquent and the record has not been
   34  sealed or expunged for, any offense listed under s. 435.04(2);
   35  or
   36         (c) Requires an applicant to disclose before the employer
   37  makes a conditional offer of employment whether he or she has
   38  been found guilty of, regardless of adjudication, or entered a
   39  plea of nolo contendere or guilty to, or was adjudicated
   40  delinquent and the record has not been sealed or expunged for,
   41  any offense listed under s. 435.04(2), if no interview is
   42  conducted.
   43         (3) This section does not prevent an employer from
   44  considering an applicant’s conviction history when making a
   45  hiring decision.
   46         (4) An employer that violates this section is subject to a
   47  civil penalty of not more than $5,000 for each violation.
   48         (5) Subsections (1) and (2) do not apply:
   49         (a) If federal, state, or local law, including
   50  corresponding rules and regulations, requires the consideration
   51  of an applicant’s criminal history;
   52         (b) To an employer that is a law enforcement agency;
   53         (c) To an employer in the criminal justice system; or
   54         (d) To an employer seeking an employee for a volunteer
   55  position.
   56         (6) The Department of Economic Opportunity shall enforce
   57  this section.
   58         Section 2. This act shall take effect July 1, 2021.