Florida Senate - 2009                                     SB 332
       
       
       
       By Senator Wilson
       
       
       
       
       33-00092A-09                                           2009332__
    1                        A bill to be entitled                      
    2         An act relating to the employment of ex-offenders;
    3         providing legislative intent; requiring state agencies
    4         and regulatory boards to submit to legislative
    5         officers and committees a report that states current
    6         restrictions on the employment of ex-offenders and
    7         possible alternatives that are compatible with
    8         protecting public safety; requiring that a report be
    9         submitted biennially; providing an effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. Restrictions on the employment of ex-offenders;
   14  legislative intent; state agency reporting requirements.—
   15         (1) The Legislature declares that it is the policy of this
   16  state to provide to prospective employees a clear statement of
   17  which crimes would disqualify ex-offenders from which
   18  occupations. It is the intent of the Legislature to make
   19  opportunities for employment available to ex-offenders so that
   20  they will be less likely to revert to criminal behavior, insofar
   21  as the employment of such persons does not place the safety of
   22  the public at risk. The Legislature further declares that state
   23  agencies should clearly state all restrictions on employment
   24  which are imposed by agencies or boards that regulate
   25  professions and occupations and should make an effort to
   26  establish that each restriction is as limited as possible while
   27  continuing to support the goal of public safety.
   28         (2) Each state agency, including, but not limited to,
   29  professional and occupational regulatory boards, shall, by
   30  December 31, 2009, submit to the President of the Senate, the
   31  Speaker of the House of Representatives, and the chairs of the
   32  appropriate legislative committees a report that includes:
   33         (a) A list of all laws, rules, policies, and practices that
   34  are followed by the agency or imposed by the board and that
   35  disqualify from employment persons who have been convicted of a
   36  crime but who have completed any incarceration and restitution
   37  to which they have been sentenced for such a crime.
   38         (b) The conclusions resulting from a review of these laws,
   39  rules, policies, and practices which the agency has conducted,
   40  including, for each law, rule, policy, and practice,
   41  documentation of whether it is clearly stated in writing and is
   42  readily available to prospective employees, and a statement of
   43  any less restrictive way to protect the safety of the public
   44  while simultaneously providing employment opportunities for ex
   45  offenders.
   46         (c) If the restriction is based on a standard of good moral
   47  character, crimes or acts of moral turpitude, or crimes related
   48  to a specific occupation, and proposed alternative wording of
   49  laws, rules, and policies which more precisely describes the
   50  basis for denial of employment.
   51         (d) Proposed ways of removing barriers to the employment of
   52  ex-offenders which are not mandated by statute.
   53         (e) Proposed statutory amendments that would reduce
   54  barriers to employment, render the remaining barriers optimally
   55  consistent among jobs that have very similar characteristics and
   56  require nearly identical degrees of trustworthiness and
   57  responsibility, and improve the clarity of requirements
   58  applicable to an ex-offender who seeks employment with a state
   59  agency or in an occupation regulated by a state board.
   60         (3) Beginning in 2012, each state agency shall submit a
   61  report in accordance with subsection (2) by December 31 of each
   62  odd-numbered year.
   63         Section 2. This act shall take effect July 1, 2009.