House Bill hb0089B

    Florida House of Representatives - 2001                HB 89-B

        By Representative Gelber






  1                      A bill to be entitled

  2         An act relating to county and municipal

  3         employees; creating s. 125.580, F.S.;

  4         authorizing federal criminal records checks for

  5         certain county employees or appointees;

  6         creating s. 166.0442, F.S.; authorizing federal

  7         criminal records checks for certain municipal

  8         employees or appointees; amending s. 112.011,

  9         F.S.; permitting denial of employment under

10         certain circumstances by counties or

11         municipalities for positions deemed to be

12         critical to security or public safety;

13         providing an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Section 125.580, Florida Statutes, is

18  created to read:

19         125.580  Federal criminal records checks for certain

20  county employees and appointees.--A county may require, by

21  ordinance, rule, or order, employment screening using the

22  standards for level 2 screening set forth in chapter 435 for

23  any position of county employment or appointment deemed to be

24  critical to security or public safety by the governing body of

25  the county, or for any private contractor, employee of a

26  private contractor, or private person who has access to any

27  public facility or publicly operated facility that is deemed

28  to have critical security or public safety status by the

29  governing body of the county.

30         Section 2.  Section 166.0442, Florida Statutes, is

31  created to read:

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    Florida House of Representatives - 2001                HB 89-B

    763-122-01






  1         166.0442  Federal criminal records checks for certain

  2  municipal employees and appointees.--A municipality may

  3  require, by ordinance, rule, or order, employment screening

  4  using the standards for level 2 screening set forth in chapter

  5  435 for any position of municipal employment or appointment

  6  deemed to be critical to security or public safety by the

  7  governing body of the municipality, or for any private

  8  contractor, employee of a private contractor, or private

  9  person who has access to any public facility or publicly

10  operated facility that is deemed to have critical security or

11  public safety status by the governing body of the

12  municipality.

13         Section 3.  Paragraph (c) is added to subsection (2) of

14  section 112.011, Florida Statutes, to read:

15         112.011  Felons; removal of disqualifications for

16  employment, exceptions.--

17         (1)(a)  Except as provided in s. 775.16, a person shall

18  not be disqualified from employment by the state, any of its

19  agencies or political subdivisions, or any municipality solely

20  because of a prior conviction for a crime.  However, a person

21  may be denied employment by the state, any of its agencies or

22  political subdivisions, or any municipality by reason of the

23  prior conviction for a crime if the crime was a felony or

24  first degree misdemeanor and directly related to the position

25  of employment sought.

26         (b)  Except as provided in s. 775.16, a person whose

27  civil rights have been restored shall not be disqualified to

28  practice, pursue, or engage in any occupation, trade,

29  vocation, profession, or business for which a license, permit,

30  or certificate is required to be issued by the state, any of

31  its agencies or political subdivisions, or any municipality

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    Florida House of Representatives - 2001                HB 89-B

    763-122-01






  1  solely because of a prior conviction for a crime.  However, a

  2  person whose civil rights have been restored may be denied a

  3  license, permit, or certification to pursue, practice, or

  4  engage in an occupation, trade, vocation, profession, or

  5  business by reason of the prior conviction for a crime if the

  6  crime was a felony or first degree misdemeanor and directly

  7  related to the specific occupation, trade, vocation,

  8  profession, or business for which the license, permit, or

  9  certificate is sought.

10         (2)

11         (c)  This section shall not be applicable to the

12  employment practices of any county or municipality relating to

13  the hiring of personnel for positions deemed to be critical to

14  security or public safety pursuant to ss. 125.580 and

15  166.0442.

16         Section 4.  This act shall take effect upon becoming a

17  law.

18

19            *****************************************

20                          HOUSE SUMMARY

21
      Authorizes federal criminal records checks for certain
22    county and municipal employees and appointees. Permits
      denial of employment under certain circumstances by
23    counties or municipalities for positions deemed to be
      critical to security or public safety.
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CODING: Words stricken are deletions; words underlined are additions.