Senate Bill sb0954e1

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    SB 954                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to county and municipal

  3         employees and contractors; authorizing a county

  4         or municipality to require, by ordinance, the

  5         screening of an employee, appointee, or

  6         applicant for employment or appointment to a

  7         position that is critical to security or public

  8         safety; authorizing the screening of a

  9         contractor, vendor, repair person, or delivery

10         person who has access to public facilities that

11         are critical to security or public safety;

12         requiring that fingerprints of applicants and

13         employees be submitted to the Department of Law

14         Enforcement and the Federal Bureau of

15         Investigation for a check of criminal history

16         records; authorizing the county or municipality

17         to use information obtained from a criminal

18         history record check to determine a person's

19         eligibility for employment or appointment;

20         amending s. 112.011, F.S.; permitting denial of

21         employment under certain circumstances by

22         counties and municipalities for positions

23         deemed to be critical to security or public

24         safety; providing an effective date.

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

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28         Section 1.  Criminal history record checks for certain

29  county employees and appointees.--Notwithstanding chapter 435,

30  Florida Statutes, a county may require, by ordinance,

31  employment screening for any position of county employment or


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    SB 954                                         First Engrossed



  1  appointment which the governing body of the county finds is

  2  critical to security or public safety, or for any private

  3  contractor, employee of a private contractor, vendor, repair

  4  person, or delivery person who has access to any public

  5  facility or publicly operated facility that the governing body

  6  of the county finds is critical to security or public safety.

  7  The ordinance must require each person applying for, or

  8  continuing employment in, any such position or having access

  9  to any such facility to be fingerprinted. The fingerprints

10  shall be submitted to the Department of Law Enforcement for a

11  state criminal history record check and to the Federal Bureau

12  of Investigation for a national criminal history record check.

13  The information obtained from the criminal history record

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

15  county to determine an applicant's eligibility for employment

16  or appointment and to determine an employee's eligibility for

17  continued employment. This section is not intended to preempt

18  or prevent any other background screening, including, but not

19  limited to, criminal history record checks, which a county may

20  lawfully undertake.

21         Section 2.  Criminal history record checks for certain

22  municipal employees and appointees.--Notwithstanding chapter

23  435, Florida Statutes, a municipality may require, by

24  ordinance, employment screening for any position of municipal

25  employment or appointment which the governing body of the

26  municipality finds is critical to security or public safety,

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 the governing body of the municipality finds is critical

31  to security or public safety. The ordinance must require each


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    SB 954                                         First Engrossed



  1  person applying for, or continuing employment in, any such

  2  position or having access to any such facility to be

  3  fingerprinted. The fingerprints shall be submitted to the

  4  Department of Law Enforcement for a state criminal history

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

  6  national criminal history record check. The information

  7  obtained from the criminal history record checks conducted

  8  pursuant to the ordinance may be used by the municipality to

  9  determine an applicant's eligibility for employment or

10  appointment and to determine an employee's eligibility for

11  continued employment. This section is not intended to preempt

12  or prevent any other background screening, including, but not

13  limited to, criminal history background checks, that a

14  municipality may lawfully undertake.

15         Section 3.  Subsection (1) of section 112.011, Florida

16  Statutes, is reenacted to read, and paragraph (c) is added to

17  subsection (2) of that section, to read:

18         112.011  Felons; removal of disqualifications for

19  employment, exceptions.--

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

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

22  agencies or political subdivisions, or any municipality solely

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

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

25  political subdivisions, or any municipality by reason of the

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

27  first degree misdemeanor and directly related to the position

28  of employment sought.

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

30  civil rights have been restored shall not be disqualified to

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


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    SB 954                                         First Engrossed



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

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

  3  its agencies or political subdivisions, or any municipality

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

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

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

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

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

  9  crime was a felony or first degree misdemeanor and directly

10  related to the specific occupation, trade, vocation,

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

12  certificate is sought.

13         (2)

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

15  employment practices of any county or municipality relating to

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

17  security or public safety pursuant to ss. 125.580 and

18  166.0442.

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

20  law.

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