HB 463

A bill to be entitled
2An act relating to public employment; creating s.
3112.0115, F.S.; providing that a public employer may not
4use an application that inquires about an applicant's
5arrests or convictions or otherwise inquire into or
6consider the criminal record or criminal history of an
7applicant for employment until the applicant has been
8selected for an interview; providing exceptions; providing
9that an employer may notify applicants of policies
10concerning disqualification from employment for applicants
11with particular criminal history backgrounds; providing an
12effective date.
14Be It Enacted by the Legislature of the State of Florida:
16     Section 1.  Section 112.0115, Florida Statutes, is created
17to read:
18     112.0115  Public employment; consideration of criminal
20     (1)  Except as provided in subsection (2), a public
21employer, as defined in s. 440.102, may not use an application
22that inquires about an applicant's arrests or convictions or
23otherwise inquire into or consider the criminal record or
24criminal history of an applicant for employment with that public
25employer until the applicant has been selected for an interview
26by the employer.
27     (2)  This section does not apply to the Department of
28Corrections or to a public employer that has a statutory duty to
29conduct a criminal history records check or otherwise take into
30consideration a potential employee's criminal history during the
31hiring process.
32     (3)  This section does not prohibit a public employer from
33notifying applicants that the law or the employer's policy will
34disqualify an individual with a particular criminal history
35background from employment in particular positions.
36     Section 2.  This act shall take effect July 1, 2011.

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