Bill Text: FL S0146 | 2011 | Regular Session | Enrolled
Bill Title: Criminal Justice
Spectrum: Slight Partisan Bill (Democrat 6-2-1)
Status: (Engrossed - Dead) 2011-05-04 - Concurred in 1 amendment(s) (558007) -SJ 839 [S0146 Detail]
Download: Florida-2011-S0146-Enrolled.html
ENROLLED 2011 Legislature CS for SB 146, 2nd Engrossed 2011146er 1 2 An act relating to criminal justice; providing a short 3 title; providing legislative intent; requiring state 4 agencies to prepare reports that identify and evaluate 5 restrictions on licensing and employment for ex 6 offenders; amending s. 112.011, F.S.; prohibiting 7 state agencies from denying an application for a 8 license, permit, certificate, or employment based 9 solely on a person’s lack of civil rights; providing 10 an exception; providing effective dates. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. This act may be cited as the “Jim King Keep 15 Florida Working Act.” 16 Section 2. Restrictions on the employment of ex-offenders; 17 legislative intent; state agency reporting requirements.— 18 (1) The Legislature declares that a goal of this state is 19 to clearly identify the occupations from which ex-offenders are 20 disqualified based on the nature of their offenses. The 21 Legislature seeks to make employment opportunities available to 22 ex-offenders in a manner that serves to preserve and protect the 23 health, safety, and welfare of the general public, yet 24 encourages them to become productive members of society. To this 25 end, state agencies that exercise regulatory authority are in 26 the best position to identify all restrictions on employment 27 imposed by the agencies or by boards that regulate professions 28 and occupations and are obligated to protect the health, safety, 29 and welfare of the general public by clearly setting forth those 30 restrictions in keeping with standards and protections 31 determined by the agencies to be in the least restrictive 32 manner. 33 (2) Each state agency, including, but not limited to, those 34 state agencies responsible for professional and occupational 35 regulatory boards, shall ensure the appropriate restrictions 36 necessary to protect the overall health, safety, and welfare of 37 the general public are in place, and by December 31, 2011, and 38 every 4 years thereafter, submit to the Governor, the President 39 of the Senate, and the Speaker of the House of Representatives a 40 report that includes: 41 (a) A list of all agency or board statutes or rules that 42 disqualify from employment or licensure persons who have been 43 convicted of a crime and have completed any incarceration and 44 restitution to which they have been sentenced for such crime. 45 (b) A determination of whether the disqualifying statutes 46 or rules are readily available to prospective employers and 47 licensees. 48 (c) The identification and evaluation of alternatives to 49 the disqualifying statutes or rules which protect the health, 50 safety, and welfare of the general public without impeding the 51 gainful employment of ex-offenders. 52 Section 3. Effective January 1, 2012, section 112.011, 53 Florida Statutes, is amended to read: 54 112.011 Disqualification from licensing and public 55 employment based on criminal convictionFelons; removal of56disqualifications for employment, exceptions.— 57 (1)(a) Except as provided in s. 775.16, a person mayshall58 not be disqualified from employment by the state, any of its 59 agencies or political subdivisions, or any municipality solely 60 because of a prior conviction for a crime. However, a person may 61 be denied employment by the state, any of its agencies or 62 political subdivisions, or any municipality by reason of the 63 prior conviction for a crime if the crime was a felony or first 64 degree misdemeanor and directly related to the position of 65 employment sought. 66 (b) Except as provided in s. 775.16, a personwhose civil67rights have been restored shall not be disqualified to practice,68pursue, or engage in any occupation, trade, vocation,69profession, or business for which a license, permit, or70certificate is required to be issued by the state, any of its71agencies or political subdivisions, or any municipality solely72because of a prior conviction for a crime. However, a person73whose civil rights have been restoredmay be denied a license, 74 permit, or certification to pursue, practice, or engage in an 75 occupation, trade, vocation, profession, or business by reason 76 of the prior conviction for a crime if the crime was a felony or 77 first-degreefirst degreemisdemeanor that isanddirectly 78 related to the standards determined by the regulatory authority 79 to be necessary and reasonably related to the protection of the 80 public health, safety, and welfare for the specific occupation, 81 trade, vocation, profession, or business for which the license, 82 permit, or certificate is sought. 83 (c) Notwithstanding any law to the contrary, a state agency 84 may not deny an application for a license, permit, certificate, 85 or employment based solely on the applicant’s lack of civil 86 rights. However, this paragraph does not apply to applications 87 for a license to carry a concealed weapon or firearm under 88 chapter 790. 89 (2)(a) This section doesshallnot applybe applicableto 90 any law enforcement or correctional agency. 91 (b) This section doesshallnot applybe applicableto the 92 employment practices of any fire department relating to the 93 hiring of firefighters. An applicant for employment with any 94 fire department who haswitha prior felony conviction shall be 95 excluded from employment for a period of 4 years after 96 expiration of sentence or final release by the Parole Commission 97 unless the applicant, beforeprior tothe expiration of the 4 98 year period, has received a full pardon or has had his or her 99 civil rights restored. 100 (c) This section doesshallnot applybe applicableto the 101 employment practices of any county or municipality relating to 102 the hiring of personnel for positions deemed to be critical to 103 security or public safety pursuant to ss. 125.5801 and 166.0442. 104 (3) Any complaint concerning the violation of this section 105 shall be adjudicated in accordance with the procedures set forth 106 in chapter 120 for administrative and judicial review. 107 Section 4. Except as otherwise expressly provided in this 108 act, this act shall take effect upon becoming a law.