Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 2152

787270

CHAMBER ACTION

Senate

Comm: RCS

4/1/2008

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House



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The Committee on Criminal Justice (Wilson) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between lines line(s) 14 and 15,

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insert:

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     Section 1. Restrictions on the employment of ex-offenders;

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legislative intent; state agency reporting requirements.--

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     (1) The Legislature declares that it is the policy of this

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state to provide to prospective employees a clear statement of

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which crimes would disqualify ex-offenders from which

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occupations. It is the intent of the Legislature to make

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opportunities for employment available to ex-offenders so that

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they will be less likely to revert to criminal behavior, insofar

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as the employment of such persons does not detract from the

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safety of the public. The Legislature further declares that

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state agencies should clearly state all restrictions imposed by

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the agencies or by boards that regulate professions and

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occupations on employment and should make an effort to establish

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that each such restriction is as limited as possible while

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continuing to support the goal of public safety.

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     (2) Each state agency, including, but not limited to,

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professional and occupational regulatory boards, shall, by

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December 31, 2008, submit to the President of the Senate, the

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Speaker of the House of Representatives, and the chairs of the

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appropriate legislative committees a report that includes:

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     (a) A list of all laws, rules, policies, and practices

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followed by the agency or imposed by the board which disqualify

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from employment persons who have been convicted of a crime and

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have completed any incarceration and restitution to which they

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have been sentenced for such a crime.

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     (b) The conclusions resulting from a review of these laws,

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rules, policies, and practices which the agency has conducted,

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including, for each such law, rule, policy, and practice,

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documentation of whether it is clearly stated in writing and is

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readily available to prospective employees, and a statement of

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any less restrictive way to protect the safety of the public

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while simultaneously providing employment opportunities for ex-

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offenders.

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     (c) If the restriction is based on a standard of good

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moral character, crimes or acts of moral turpitude, or crimes

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related to a specific occupation, proposed alternative wording

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of laws, rules, and policies which more precisely describes the

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basis for denial of employment.

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     (d) Proposed ways of removing barriers to the employment

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of ex-offenders which are not mandated by statute.

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     (e) Proposed statutory amendments that would reduce

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barriers to employment, render the remaining barriers optimally

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consistent among jobs that have very similar characteristics and

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require nearly identical degrees of trustworthiness and

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responsibility, and improve the clarity of requirements

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applicable to an ex-offender who seeks employment with a state

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agency or in an occupation regulated by a state board.

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     (3) Beginning in 2011, each state agency shall submit a

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report in accordance with subsection (2) biennially by December

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31 of each odd-numbered year.

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

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And the title is amended as follows:

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     Delete line(s) 2

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and insert:

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An act relating to criminal justice; providing legislative

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intent; requiring state agencies and regulatory boards to

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submit to legislative officers and committees a report

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that states current restrictions on the employment of ex-

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offenders and possible alternatives that are compatible

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with protecting the public safety; requiring that such a

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report be submitted biennially;

3/14/2008  4:52:00 PM     591-04680-08

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