Florida Senate - 2013 SB 532 By Senator Clemens 27-00978-13 2013532__ 1 A bill to be entitled 2 An act relating to discrimination in employment; 3 creating s. 760.105, F.S.; providing legislative 4 findings; prohibiting an employer, municipality, or 5 county from inquiring into or considering an 6 applicant’s criminal history or to include any inquiry 7 about criminal history on any initial employment 8 application; providing that an employer, municipality, 9 or county may consider an applicant’s criminal history 10 after the applicant’s qualifications have been 11 screened and the employer, municipality, or county has 12 determined the applicant meets the minimum employment 13 requirements; providing applicability; providing that 14 the act does not require that an employer, 15 municipality, or county conduct a criminal history 16 background check; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 760.105, Florida Statutes, is created to 21 read: 22 760.105 Unlawful employee classification.— 23 (1) The Legislature finds and declares that reducing 24 barriers to employment for people who have a criminal history 25 and decreasing unemployment in communities having concentrated 26 numbers of people who have a criminal history are matters of 27 statewide concern. The Legislature further finds and declares 28 that, consistent with good public policy, increasing employment 29 opportunities for people who have a criminal history will reduce 30 recidivism and improve economic stability in our communities. 31 (2) An employer, municipality, or county may not inquire 32 into or consider an applicant’s criminal history or include any 33 inquiry about criminal history on any initial employment 34 application. An employer, municipality, or county may consider 35 an applicant’s criminal history after the applicant’s 36 qualifications have been screened and the employer, 37 municipality, or county has determined that the applicant meets 38 the minimum employment requirements as stated in any notice 39 issued for the position. 40 (a) This section does not apply to a position for which an 41 employer, municipality, or county is otherwise required by law 42 to conduct a criminal history background check. 43 (b) This section does not require that an employer, 44 municipality, or county conduct a criminal history background 45 check. 46 Section 2. This act shall take effect July 1, 2013.