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A bill to be entitled

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An act relating to disqualifications for employment;

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amending s. 112.011, F.S.; providing that a person may not

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be disqualified from receiving a license, permit, or

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certificate or from obtaining public employment on the

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grounds that the person's civil rights have not been

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restored; providing that a person is not required to

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secure the restoration of his or her civil rights or prove

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that his or her civil rights have been restored in order

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to receive a license, permit, or certificate or to obtain

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public employment; providing an effective date.

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

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     Section 1.  Section 112.011, Florida Statutes, is amended to

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read:

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     112.011 Disqualification for licensing and public

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employment based on criminal conviction Felons; removal of

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disqualifications for employment, exceptions.--

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

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

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agencies or political subdivisions, or any municipality solely

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

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

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political subdivisions, or any municipality by reason of the

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

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degree misdemeanor and directly related to the position of

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employment sought.

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

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rights have been restored shall not be disqualified to practice,

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pursue, or engage in any occupation, trade, vocation, profession,

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or business for which a license, permit, or certificate is

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required to be issued by the state, any of its agencies or

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political subdivisions, or any municipality solely because of a

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prior conviction for a crime. However, a person whose civil

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rights have been restored may be denied a license, permit, or

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certification to pursue, practice, or engage in an occupation,

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trade, vocation, profession, or business by reason of the prior

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conviction for a crime if the crime was a felony or first degree

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misdemeanor and directly related to the specific occupation,

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trade, vocation, profession, or business for which the license,

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permit, or certificate is sought.

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     (c) Notwithstanding any law to the contrary, a person may

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not be disqualified from receiving a license, permit, or

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certificate or from obtaining public employment on the grounds

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that a person's civil rights have not been restored. A person is

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not required to secure the restoration of his or her civil rights

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or prove that his or her civil rights have been restored in order

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to receive a license, permit, or certificate or to obtain public

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employment.

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     (2)(a) This section does shall not apply be applicable to

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any law enforcement or correctional agency.

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     (b) This section does shall not apply be applicable to the

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employment practices of any fire department relating to the

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hiring of firefighters. An applicant for employment with any fire

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department who has with a prior felony conviction shall be

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excluded from employment for a period of 4 years after expiration

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of sentence or final release by the Parole Commission unless the

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applicant, prior to the expiration of the 4-year period, has

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received a full pardon or has had his or her civil rights

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restored.

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     (c) This section does shall not apply be applicable to the

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employment practices of any county or municipality relating to

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the hiring of personnel for positions deemed to be critical to

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security or public safety pursuant to ss. 125.5801 and 166.0442.

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     (3)  Any complaint concerning the violation of this section

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shall be adjudicated in accordance with the procedures set forth

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in chapter 120 for administrative and judicial review.

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     Section 2.  This act shall take effect July 1, 2008.