Bill Text: FL S0146 | 2011 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
CS for SB 146 First Engrossed 2011146e1 1 A bill to be entitled 2 An act relating to criminal justice; providing a short 3 title; providing legislative intent; requiring state 4 agencies and regulatory boards to prepare reports that 5 identify and evaluate restrictions on licensing and 6 employment for ex-offenders; amending s. 112.011, 7 F.S.; prohibiting state agencies from denying an 8 application for a license, permit, certificate, or 9 employment based on a person’s lack of civil rights; 10 providing an exception; amending s. 768.096, F.S.; 11 revising the presumption against negligent hiring of 12 an employee in circumstances in which a background 13 investigation of a prospective employee revealed that 14 the employee was unsuitable for the context of the 15 employment in general; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. This act may be cited as the “Jim King Keep 20 Florida Working Act.” 21 Section 2. Restrictions on the employment of ex-offenders; 22 legislative intent; state agency reporting requirements.— 23 (1) The Legislature declares that a goal of this state is 24 to clearly identify the occupations from which ex-offenders are 25 disqualified based on their specific offenses. The Legislature 26 intends to make employment opportunities available to ex 27 offenders in a manner that encourages them to become productive 28 members of society and preserves the safety of the public. To 29 this end, all state agencies shall identify all restrictions on 30 employment imposed by the agencies or by boards that regulate 31 professions and occupations and attempt to define each 32 restriction as narrowly as possible while continuing to maintain 33 public safety. 34 (2) Each state agency, including, but not limited to, 35 professional and occupational regulatory boards, shall, by 36 December 31, 2011, and every 8 years thereafter, submit to the 37 Governor, the President of the Senate, and the Speaker of the 38 House of Representatives a report that includes: 39 (a) A list of all agency or board policies that disqualify 40 from employment or licensure persons who have been convicted of 41 a crime and have completed any incarceration and restitution to 42 which they have been sentenced for such a crime. 43 (b) A determination of whether the disqualifying policies 44 are readily available to prospective employers and licensees. 45 (c) The identification and evaluation of alternatives to 46 the disqualifying policies which promote the employment of ex 47 offenders and protect the public. 48 (d) An evaluation of whether the disqualifying polices are 49 too broad and whether crimes or acts of moral turpitude that 50 disqualify a person from licensure should be more specifically 51 or narrowly identified. 52 Section 3. Section 112.011, Florida Statutes, is amended to 53 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 is relevant to the 78 standards normally associated with, or determined by the 79 regulatory authority to be necessary for the protection of the 80 public or other parties for,and directly related tothe 81 specific occupation, trade, vocation, profession, or business 82 for which the license, 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 on the applicant’s lack of civil rights. 86 However, this paragraph does not apply to applications for a 87 license to carry a concealed weapon or firearm under chapter 88 790. 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. Section 768.096, Florida Statutes, is amended to 108 read: 109 768.096 Employer presumption against negligent hiring.— 110 (1) In a civil action for the death of, or injury or damage 111 to, a third person caused by the intentional tort of an 112 employee, such employee’s employer is presumed not to have been 113 negligent in hiring such employee if, before hiring the 114 employee, the employer conducted a background investigation of 115 the prospective employee and the investigation did not reveal 116 any information that reasonably demonstrated the unsuitability 117 of the prospective employee for the particular work to be 118 performed or for the context of the employment in general. A 119 background investigation under this section must include: 120 (a) Obtaining a criminal background investigation on the 121 prospective employee under subsection (2); 122 (b) Making a reasonable effort to contact references and 123 former employers of the prospective employee concerning the 124 suitability of the prospective employee for employment; 125 (c) Requiring the prospective employee to complete a job 126 application form that includes questions concerning whether he 127 or she has ever been convicted of a crime, including details 128 concerning the type of crime, the date of conviction and the 129 penalty imposed, and whether the prospective employee has ever 130 been a defendant in a civil action for intentional tort, 131 including the nature of the intentional tort and the disposition 132 of the action; 133 (d) Obtaining, with written authorization from the 134 prospective employee, a check of the driver’s license record of 135 the prospective employee if such a check is relevant to the work 136 the employee will be performing and if the record can reasonably 137 be obtained; or 138 (e) Interviewing the prospective employee. 139 (2) To satisfy the criminal-background-investigation 140 requirement of this section, an employer must request and obtain 141 from the Department of Law Enforcement a check of the 142 information as reported and reflected in the Florida Crime 143 Information Center system as of the date of the request. 144 (3) The election by an employer not to conduct the 145 investigation specified in subsection (1) does not raise any 146 presumption that the employer failed to use reasonable care in 147 hiring an employee. 148 Section 5. This act shall take effect July 1, 2011.