House Bill hb0705

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    Florida House of Representatives - 2002                 HB 705

        By the Committee on Security, Select and Representatives
    Gelber, Ball, Green, Cusack, Cantens, Machek and Hart





  1                      A bill to be entitled

  2         An act relating to county and municipal

  3         employees and other employees with access to

  4         county and municipal facilities; creating s.

  5         125.580, F.S.; authorizing state and federal

  6         criminal record checks for certain county

  7         employees, contractors, and appointees;

  8         creating s. 166.0442, F.S.; authorizing state

  9         and federal criminal record checks for certain

10         municipal employees, contractors, and

11         appointees; amending s. 112.011, F.S.;

12         permitting denial of employment under certain

13         circumstances by counties or municipalities for

14         positions deemed to be critical to security or

15         public safety; providing an effective date.

16

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

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19         Section 1.  Section 125.580, Florida Statutes, is

20  created to read:

21         125.580  Criminal history record checks for certain

22  county employees, contractors, and

23  appointees.--Notwithstanding chapter 435, a county may

24  require, by ordinance, employment screening for any position

25  of county employment or appointment deemed to be critical to

26  security or public safety by the governing body of the county,

27  or for any private contractor, employee of a private

28  contractor, vendor, repair person, or delivery person who has

29  access to any public facility or publicly operated facility

30  that is deemed to have critical security or public safety

31  status by the governing body of the county.  The ordinance

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    Florida House of Representatives - 2002                 HB 705

    409-129A-02






  1  shall require each person applying for any such position to be

  2  fingerprinted.  These fingerprints shall be submitted to the

  3  Department of Law Enforcement for a state criminal history

  4  record check and to the Federal Bureau of Investigation for a

  5  national criminal history record check.  The information

  6  obtained from the criminal history record checks conducted

  7  pursuant to the ordinance may be used by the county to

  8  determine the applicant's eligibility for employment.

  9         Section 2.  Section 166.0442, Florida Statutes, is

10  created to read:

11         166.0442  Criminal history record checks for certain

12  municipal employees, contractors, and

13  appointees.--Notwithstanding chapter 435, a municipality may

14  require, by ordinance, employment screening for any position

15  of municipal employment or appointment deemed to be critical

16  to security or public safety by the governing body of the

17  municipality, or for any private contractor, employee of a

18  private contractor, vendor, repair person, or delivery person

19  who has access to any public facility or publicly operated

20  facility that is deemed to have critical security or public

21  safety status by the governing body of the municipality. The

22  ordinance shall require each person applying for any such

23  position to be fingerprinted. These fingerprints shall be

24  submitted to the Department of Law Enforcement for a state

25  criminal history record check and to the Federal Bureau of

26  Investigation for a national criminal history record check.

27  The information obtained from the criminal history record

28  checks conducted pursuant to the ordinance may be used by the

29  municipality to determine the applicant's eligibility for

30  employment.

31

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    Florida House of Representatives - 2002                 HB 705

    409-129A-02






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

  2  section 112.011, Florida Statutes, to read:

  3         112.011  Felons; removal of disqualifications for

  4  employment, exceptions.--

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

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

  7  agencies or political subdivisions, or any municipality solely

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

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

10  political subdivisions, or any municipality by reason of the

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

12  first degree misdemeanor and directly related to the position

13  of employment sought.

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

15  civil rights have been restored shall not be disqualified to

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

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

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

19  its agencies or political subdivisions, or any municipality

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

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

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

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

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

25  crime was a felony or first degree misdemeanor and directly

26  related to the specific occupation, trade, vocation,

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

28  certificate is sought.

29         (2)

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

31  employment practices of any county or municipality relating to

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    Florida House of Representatives - 2002                 HB 705

    409-129A-02






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

  2  security or public safety pursuant to ss. 125.580 and

  3  166.0442.

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

  5  law.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

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      Authorizes state and federal criminal record checks for
10    certain county and municipal employees, contractors,
      appointees, and persons with access to public facilities
11    under specified circumstances. Permits denial of
      employment under certain circumstances by counties or
12    municipalities for positions deemed to be critical to
      security or public safety.
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