Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 2152

421090

CHAMBER ACTION

Senate

Comm: RCS

4/1/2008

.

.

.

.

.

House



1

The Committee on Criminal Justice (Wilson) recommended the

2

following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Between line(s) 68 and 69

6

insert:

7

     Section 2.  Subsection (1) of section 760.10, Florida

8

Statutes, is amended to read:

9

     760.10  Unlawful employment practices.--

10

     (1)  It is an unlawful employment practice for an employer:

11

     (a)  To discharge or to fail or refuse to hire any

12

individual, or otherwise to discriminate against any individual

13

with respect to compensation, terms, conditions, or privileges

14

of employment, because of such individual's race, color,

15

religion, sex, national origin, age, handicap, or marital

16

status.

17

     (b)  To limit, segregate, or classify employees or

18

applicants for employment in any way which would deprive or tend

19

to deprive any individual of employment opportunities, or

20

adversely affect any individual's status as an employee, because

21

of such individual's race, color, religion, sex, national

22

origin, age, handicap, or marital status.

23

     (c)     With regard to an application for employment to

24

request any information, to make or keep a record of such

25

information, to use any form of application or application blank

26

which requests such information, or to exclude, limit or

27

otherwise discriminate against any person by reason of his or

28

her failure to furnish such information through a written

29

application or oral inquiry or otherwise regarding:

30

     1. an arrest, detention, or disposition regarding any

31

violation of law in which no conviction resulted;

32

     2. a first and only conviction for any misdemeanor of the

33

second degree; or

34

     3. any conviction of a misdemeanor where the date of such

35

conviction or the completion of any period of incarceration

36

resulting there from, whichever date is later, occurred five or

37

more years prior to the date of such application for employment

38

or such request for information, unless such person has been

39

convicted of any offense within five years immediately preceding

40

the date of such application for employment or such request for

41

information.

42

43

No applicant for employment shall be held under any provision of

44

any law to be guilty of perjury or of otherwise giving a false

45

statement by reason of his failure to recite or acknowledge such

46

information as he has a right to withhold by this subsection.

47

48

(Redesignate Subsequent Section.)

49

50

================ T I T L E  A M E N D M E N T ================

51

And the title is amended as follows:

52

     On line 11, after the semicolon,

53

insert:

54

amending s. 760.10, F.S., prohibiting employers from

55

requesting, making or keeping certain criminal history

56

records; prohibiting the criminal prosecution for perjury

57

in certain circumstances;

3/14/2008  10:43:00 AM     CJ.CJ.05002

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