Florida Senate - 2016                                     SB 448
       
       
        
       By Senator Clemens
       
       
       
       
       
       27-00452-16                                            2016448__
    1                        A bill to be entitled                      
    2         An act relating to discrimination in employment
    3         screening; creating s. 760.105, F.S.; prohibiting a
    4         public employer from inquiring into or considering an
    5         applicant’s criminal history on an initial employment
    6         application unless required to do so by law; providing
    7         an effective date.
    8  
    9         WHEREAS, reducing barriers to employment for people who
   10  have a criminal history and reducing unemployment rates in
   11  communities that have concentrations of people who have a
   12  criminal history are issues of statewide concern, and
   13         WHEREAS, restricting an employer from inquiring into or
   14  considering an applicant’s criminal history on an initial
   15  employment application increases employment opportunities for
   16  those who have a criminal history, thereby reducing the rate of
   17  recidivism and improving economic stability, NOW, THEREFORE,
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 760.105, Florida Statutes, is created to
   22  read:
   23         760.105 Unlawful employment screening.—Unless otherwise
   24  required by law, a public employer, as defined in s. 440.102,
   25  may not inquire into or consider an applicant’s criminal history
   26  on an initial employment application. A public employer may
   27  inquire into or consider an applicant’s criminal history only
   28  after the applicant’s qualifications have been screened and the
   29  employer has determined that the applicant meets the minimum
   30  employment requirements specified for a given position.
   31         Section 2. This act shall take effect July 1, 2016.