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.