HB 463

1	A bill to be entitled
2	An act relating to public employment; creating s.
3	112.0115, F.S.; providing that a public employer may not
4	use an application that inquires about an applicant's
5	arrests or convictions or otherwise inquire into or
6	consider the criminal record or criminal history of an
7	applicant for employment until the applicant has been
8	selected for an interview; providing exceptions; providing
9	that an employer may notify applicants of policies
10	concerning disqualification from employment for applicants
11	with particular criminal history backgrounds; providing an
12	effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 112.0115, Florida Statutes, is created
17	to read:
18	112.0115  Public employment; consideration of criminal
19	records.-
20	(1)  Except as provided in subsection (2), a public
21	employer, as defined in s. 440.102, may not use an application
22	that inquires about an applicant's arrests or convictions or
23	otherwise inquire into or consider the criminal record or
24	criminal history of an applicant for employment with that public
25	employer until the applicant has been selected for an interview
26	by the employer.
27	(2)  This section does not apply to the Department of
28	Corrections or to a public employer that has a statutory duty to
29	conduct a criminal history records check or otherwise take into
30	consideration a potential employee's criminal history during the
31	hiring process.
32	(3)  This section does not prohibit a public employer from
33	notifying applicants that the law or the employer's policy will
34	disqualify an individual with a particular criminal history
35	background 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.