| 1 | Representative Kravitz offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Section 112.011, Florida Statutes, is amended |
| 6 | to read: |
| 7 | 112.011 Disqualification for licensing and public |
| 8 | employment based on criminal conviction Felons; removal of |
| 9 | disqualifications for employment, exceptions.-- |
| 10 | (1)(a) Except as provided in s. 775.16, a person may shall |
| 11 | not be disqualified from employment by the state, any of its |
| 12 | agencies or political subdivisions, or any municipality solely |
| 13 | because of a prior conviction for a crime. However, a person may |
| 14 | be denied employment by the state, any of its agencies or |
| 15 | political subdivisions, or any municipality by reason of the |
| 16 | prior conviction for a crime if the crime was a felony or first |
| 17 | degree misdemeanor and directly related to the position of |
| 18 | employment sought. |
| 19 | (b) Except as provided in s. 775.16, a person whose civil |
| 20 | rights have been restored shall not be disqualified to practice, |
| 21 | pursue, or engage in any occupation, trade, vocation, |
| 22 | profession, or business for which a license, permit, or |
| 23 | certificate is required to be issued by the state, any of its |
| 24 | agencies or political subdivisions, or any municipality solely |
| 25 | because of a prior conviction for a crime. However, a person |
| 26 | whose civil rights have been restored may be denied a license, |
| 27 | permit, or certification to pursue, practice, or engage in an |
| 28 | occupation, trade, vocation, profession, or business by reason |
| 29 | of the prior conviction for a crime if the crime was a felony or |
| 30 | first degree misdemeanor and directly related to or relevant to |
| 31 | the standards normally associated with, or determined by the |
| 32 | regulatory authority to be necessary for, the protection of the |
| 33 | public or other parties with relationships with the specific |
| 34 | occupation, trade, vocation, profession, or business for which |
| 35 | the license, permit, or certificate is sought. |
| 36 | (c) Notwithstanding any law to the contrary, the status of |
| 37 | a person's civil rights may not be considered a disqualification |
| 38 | or grounds for denial of a license, permit, or certificate or |
| 39 | public employment. A person is not required to secure the |
| 40 | restoration of his or her civil rights or to prove that his or |
| 41 | her civil rights have been restored in order to be considered |
| 42 | for a license, permit, or certificate or to be considered for |
| 43 | public employment. However, this paragraph does not apply to the |
| 44 | issuance of a license for a concealed weapon or firearm or the |
| 45 | purchasing of a firearm pursuant to chapter 790. |
| 46 | (2)(a) This section does shall not apply be applicable to |
| 47 | any law enforcement or correctional agency. |
| 48 | (b) This section does shall not apply be applicable to the |
| 49 | employment practices of any fire department relating to the |
| 50 | hiring of firefighters. An applicant for employment with any |
| 51 | fire department who has with a prior felony conviction shall be |
| 52 | excluded from employment for a period of 4 years after |
| 53 | expiration of sentence or final release by the Parole Commission |
| 54 | unless the applicant, prior to the expiration of the 4-year |
| 55 | period, has received a full pardon or has had his or her civil |
| 56 | rights restored. |
| 57 | (c) This section does shall not apply be applicable to the |
| 58 | employment practices of any county or municipality relating to |
| 59 | the hiring of personnel for positions deemed to be critical to |
| 60 | security or public safety pursuant to ss. 125.5801 and 166.0442. |
| 61 | (3) Any complaint concerning the violation of this section |
| 62 | shall be adjudicated in accordance with the procedures set forth |
| 63 | in chapter 120 for administrative and judicial review. |
| 64 | Section 2. This act shall take effect July 1, 2008. |
| 65 |
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| 66 | ----------------------------------------------------- |
| 67 | T I T L E A M E N D M E N T |
| 68 | Remove the entire title and insert: |
| 69 | A bill to be entitled |
| 70 | An act relating to disqualifications for employment; |
| 71 | amending s. 112.011, F.S.; providing that a person may not |
| 72 | be disqualified from receiving a license, permit, or |
| 73 | certificate or from obtaining public employment on the |
| 74 | grounds that the person's civil rights have not been |
| 75 | restored; providing that a person is not required to |
| 76 | secure the restoration of his or her civil rights or prove |
| 77 | that his or her civil rights have been restored in order |
| 78 | to receive a license, permit, or certificate or to obtain |
| 79 | public employment; providing an exception for the issuance |
| 80 | of a license for a concealed weapon or firearm or the |
| 81 | purchasing of a firearm; providing an effective date. |