| 1 | Representative Taylor offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. This act may be cited as the "Jim King Keep |
| 6 | Florida Working Act." |
| 7 | Section 2. Restrictions on the employment of ex-offenders; |
| 8 | legislative intent; state agency reporting requirements.- |
| 9 | (1) The Legislature declares that a goal of this state is |
| 10 | to clearly identify the occupations from which ex-offenders are |
| 11 | disqualified based on the nature of their offenses. The |
| 12 | Legislature seeks to make employment opportunities available to |
| 13 | ex-offenders in a manner that serves to preserve and protect the |
| 14 | health, safety, and welfare of the general public, yet |
| 15 | encourages them to become productive members of society. To this |
| 16 | end, state agencies that exercise regulatory authority are in |
| 17 | the best position to identify all restrictions on employment |
| 18 | imposed by the agencies or by boards that regulate professions |
| 19 | and occupations and are obligated to protect the health, safety, |
| 20 | and welfare of the general public by clearly setting forth those |
| 21 | restrictions in keeping with standards and protections |
| 22 | determined by the agencies to be in the least restrictive |
| 23 | manner. |
| 24 | (2) Each state agency, including, but not limited to, |
| 25 | those state agencies responsible for professional and |
| 26 | occupational regulatory boards, shall ensure the appropriate |
| 27 | restrictions necessary to protect the overall health, safety, |
| 28 | and welfare of the general public are in place, and by December |
| 29 | 31, 2011, and every 4 years thereafter, submit to the Governor, |
| 30 | the President of the Senate, and the Speaker of the House of |
| 31 | Representatives a report that includes: |
| 32 | (a) A list of all agency or board statutes or rules that |
| 33 | disqualify from employment or licensure persons who have been |
| 34 | convicted of a crime and have completed any incarceration and |
| 35 | restitution to which they have been sentenced for such crime. |
| 36 | (b) A determination of whether the disqualifying statutes |
| 37 | or rules are readily available to prospective employers and |
| 38 | licensees. |
| 39 | (c) The identification and evaluation of alternatives to |
| 40 | the disqualifying statutes or rules which protect the health, |
| 41 | safety, and welfare of the general public without impeding the |
| 42 | gainful employment of ex-offenders. |
| 43 | Section 3. Effective January 1, 2012, section 112.011, |
| 44 | Florida Statutes, is amended to read: |
| 45 | 112.011 Disqualification from licensing and public |
| 46 | employment based on criminal conviction Felons; removal of |
| 47 | disqualifications for employment, exceptions.- |
| 48 | (1)(a) Except as provided in s. 775.16, a person may shall |
| 49 | not be disqualified from employment by the state, any of its |
| 50 | agencies or political subdivisions, or any municipality solely |
| 51 | because of a prior conviction for a crime. However, a person may |
| 52 | be denied employment by the state, any of its agencies or |
| 53 | political subdivisions, or any municipality by reason of the |
| 54 | prior conviction for a crime if the crime was a felony or first |
| 55 | degree misdemeanor and directly related to the position of |
| 56 | employment sought. |
| 57 | (b) Except as provided in s. 775.16, a person whose civil |
| 58 | rights have been restored shall not be disqualified to practice, |
| 59 | pursue, or engage in any occupation, trade, vocation, |
| 60 | profession, or business for which a license, permit, or |
| 61 | certificate is required to be issued by the state, any of its |
| 62 | agencies or political subdivisions, or any municipality solely |
| 63 | because of a prior conviction for a crime. However, a person |
| 64 | whose civil rights have been restored may be denied a license, |
| 65 | permit, or certification to pursue, practice, or engage in an |
| 66 | occupation, trade, vocation, profession, or business by reason |
| 67 | of the prior conviction for a crime if the crime was a felony or |
| 68 | first-degree first degree misdemeanor that is and directly |
| 69 | related to the standards determined by the regulatory authority |
| 70 | to be necessary and reasonably related to the protection of the |
| 71 | public health, safety, and welfare for the specific occupation, |
| 72 | trade, vocation, profession, or business for which the license, |
| 73 | permit, or certificate is sought. |
| 74 | (c) Notwithstanding any law to the contrary, a state |
| 75 | agency may not deny an application for a license, permit, |
| 76 | certificate, or employment based solely on the applicant's lack |
| 77 | of civil rights. However, this paragraph does not apply to |
| 78 | applications for a license to carry a concealed weapon or |
| 79 | firearm under chapter 790. |
| 80 | (2)(a) This section does shall not apply be applicable to |
| 81 | any law enforcement or correctional agency. |
| 82 | (b) This section does shall not apply be applicable to the |
| 83 | employment practices of any fire department relating to the |
| 84 | hiring of firefighters. An applicant for employment with any |
| 85 | fire department who has with a prior felony conviction shall be |
| 86 | excluded from employment for a period of 4 years after |
| 87 | expiration of sentence or final release by the Parole Commission |
| 88 | unless the applicant, before prior to the expiration of the 4- |
| 89 | year period, has received a full pardon or has had his or her |
| 90 | civil rights restored. |
| 91 | (c) This section does shall not apply be applicable to the |
| 92 | employment practices of any county or municipality relating to |
| 93 | the hiring of personnel for positions deemed to be critical to |
| 94 | security or public safety pursuant to ss. 125.5801 and 166.0442. |
| 95 | (3) Any complaint concerning the violation of this section |
| 96 | shall be adjudicated in accordance with the procedures set forth |
| 97 | in chapter 120 for administrative and judicial review. |
| 98 | Section 4. Except as otherwise expressly provided in this |
| 99 | act, this act shall take effect upon becoming a law. |
| 100 |
|
| 101 | ----------------------------------------------------- |
| 102 | T I T L E A M E N D M E N T |
| 103 | Remove the entire title and insert: |
| 104 | A bill to be entitled |
| 105 | An act relating to criminal justice; providing a short |
| 106 | title; providing legislative intent; requiring state |
| 107 | agencies to prepare reports that identify and evaluate |
| 108 | restrictions on licensing and employment for ex-offenders; |
| 109 | amending s. 112.011, F.S.; prohibiting state agencies from |
| 110 | denying an application for a license, permit, certificate, |
| 111 | or employment based solely on a person's lack of civil |
| 112 | rights; providing an exception; providing effective dates. |