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