Florida Senate - 2008 (Reformatted) SB 922

By Senator Wilson

33-02741-08 2008922__

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A bill to be entitled

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An act relating to the employment of ex-offenders;

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providing legislative intent; requiring state agencies and

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regulatory boards to submit to legislative officers and

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committees a report that states current restrictions on

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the employment of ex-offenders and possible alternatives

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that are compatible with protecting the public safety;

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requiring that such a report be submitted biennially;

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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. 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 state

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agencies should clearly state all restrictions imposed by the

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agencies or by boards that regulate professions and occupations

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on the employment of persons who have committed crimes and have

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paid their debts to society and should make an effort to

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establish that each such restriction is as limited as possible

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while 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 any

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less restrictive way to protect the safety of the public while

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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 moral

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

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to a specific occupation, proposed alternative wording of laws,

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rules, and policies which more precisely describes the basis for

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denial of employment.

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     (d) Proposed ways of removing unnecessary barriers to the

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employment of ex-offenders which are not mandated by statute.

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     (e) Proposed statutory amendments that would reduce

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undesirable barriers to employment, render the remaining barriers

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optimally consistent among jobs that have very similar

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characteristics and require nearly identical degrees of

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trustworthiness and responsibility, and improve the clarity of

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requirements applicable to an ex-offender who seeks employment

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with a state agency or in an occupation regulated by a state

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

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