HB 1455

1
A bill to be entitled
2An act relating to the employment of ex-offenders;
3providing legislative intent; requiring state agencies and
4regulatory boards to submit to legislative officers and
5committees a report that states current restrictions on
6the employment of ex-offenders and possible alternatives
7that are compatible with protecting the public safety;
8requiring that such a report be submitted biennially;
9providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Restrictions on the employment of ex-offenders;
14legislative intent; state agency reporting requirements.--
15     (1)  The Legislature declares that it is the policy of this
16state to provide to prospective employees a clear statement of
17which crimes would disqualify ex-offenders from which
18occupations. It is the intent of the Legislature to make
19opportunities for employment available to ex-offenders so that
20they will be less likely to revert to criminal behavior, insofar
21as the employment of such persons does not detract from the
22safety of the public. The Legislature further declares that
23state agencies should clearly state all restrictions imposed by
24the agencies or by boards that regulate professions and
25occupations on the employment of persons who have committed
26crimes and have paid their debts to society and should make an
27effort to establish that each such restriction is as limited as
28possible while continuing to support the goal of public safety.
29     (2)  Each state agency, including, but not limited to,
30professional and occupational regulatory boards, shall, by
31December 31, 2008, submit to the President of the Senate, the
32Speaker of the House of Representatives, and the chairs of the
33appropriate legislative committees a report that includes:
34     (a)  A list of all laws, rules, policies, and practices
35followed by the agency or imposed by the board which disqualify
36from employment persons who have been convicted of a crime and
37have completed any incarceration and restitution to which they
38have been sentenced for such a crime.
39     (b)  The conclusions resulting from a review of these laws,
40rules, policies, and practices which the agency has conducted,
41including, for each such law, rule, policy, and practice,
42documentation of whether it is clearly stated in writing and is
43readily available to prospective employees and a statement of
44any less restrictive way to protect the safety of the public
45while simultaneously providing employment opportunities for ex-
46offenders.
47     (c)  If the restriction is based on a standard of good
48moral character, crimes or acts of moral turpitude, or crimes
49related to a specific occupation, proposed alternative wording
50of laws, rules, and policies which more precisely describes the
51basis for denial of employment.
52     (d)  Proposed ways of removing unnecessary barriers to the
53employment of ex-offenders which are not mandated by statute.
54     (e)  Proposed statutory amendments that would reduce
55undesirable barriers to employment, render the remaining
56barriers optimally consistent among jobs that have very similar
57characteristics and require nearly identical degrees of
58trustworthiness and responsibility, and improve the clarity of
59requirements applicable to an ex-offender who seeks employment
60with a state agency or in an occupation regulated by a state
61board.
62     (3)  Beginning in 2011, each state agency shall submit a
63report in accordance with subsection (2) biennially by December
6431 of each odd-numbered year.
65     Section 2.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.