HB 389

A bill to be entitled
2An act relating to background screening; amending s.
3408.809, F.S.; prohibiting a person from being
4disqualified from employment providing personal
5treatment, counseling, or other services to persons
6who have been convicted of a criminal offense solely
7on the basis of inability to qualify due to prior
8criminal history; amending s. 435.07, F.S.; providing
9that certain persons with a criminal record who are
10employed or apply for employment to provide specified
11services to persons who have been convicted of a
12criminal offense may apply for an exemption from
13disqualification from employment without being subject
14to an otherwise applicable waiting period; providing
15an effective date.
17Be It Enacted by the Legislature of the State of Florida:
19     Section 1.  Subsection (9) is added to section 408.809,
20Florida Statutes, to read:
21     408.809  Background screening; prohibited offenses.-
22     (9)  A person who is employed for the purpose of providing
23personal treatment, counseling, or other services to persons who
24have been convicted of a criminal offense may not be denied
25employment solely on the basis of an inability to qualify
26pursuant to the provisions of this section.
27     Section 2.  Subsection (6) is added to section 435.07,
28Florida Statutes, to read:
29     435.07  Exemptions from disqualification.-Unless otherwise
30provided by law, the provisions of this section apply to
31exemptions from disqualification for disqualifying offenses
32revealed pursuant to background screenings required under this
33chapter, regardless of whether those disqualifying offenses are
34listed in this chapter or other laws.
35     (6)  Persons employed, or applicants for employment, by
36organizations that provide personal treatment, counseling, or
37other services to persons who have been convicted of a criminal
38offense and who are disqualified from employment solely because
39of their own criminal record may be exempted from
40disqualification from employment pursuant to this chapter
41without application of the waiting period in paragraph (1)(a).
42     Section 3.  This act shall take effect July 1, 2012.

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