Florida Senate - 2019                                     SB 394
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00717-19                                            2019394__
    1                        A bill to be entitled                      
    2         An act relating to criminal history records in
    3         applications; 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; creating
    7         s. 1007.36, F.S.; prohibiting public postsecondary
    8         educational institutions from inquiring into or
    9         considering the criminal history of an applicant
   10         seeking admission; providing an effective date.
   11  
   12         WHEREAS, reducing barriers to public employment and
   13  postsecondary education for people who have a criminal history,
   14  reducing the unemployment rate, and increasing access to public
   15  postsecondary education are issues of statewide concern, and
   16         WHEREAS, prohibiting a public employer or public
   17  postsecondary educational institution from inquiring into or
   18  considering an applicant’s criminal history on an initial
   19  employment application or an admissions application increases
   20  employment and educational opportunities for those who have a
   21  criminal history, thereby reducing the rate of recidivism,
   22  improving economic stability, and increasing access to public
   23  postsecondary education, NOW, THEREFORE,
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 760.105, Florida Statutes, is created to
   28  read:
   29         760.105 Unlawful employment screening.—Unless otherwise
   30  required by law, a public employer, as defined in s. 440.102,
   31  may not inquire into or consider an applicant’s criminal history
   32  on an initial employment application. A public employer may
   33  inquire into or consider an applicant’s criminal history only
   34  after the applicant’s qualifications have been screened and the
   35  employer has determined that the applicant meets the minimum
   36  employment requirements specified for a given position.
   37         Section 2. Section 1007.36, Florida Statutes, is created to
   38  read:
   39         1007.36 Unlawful admissions inquiries.—A public
   40  postsecondary educational institution may not inquire into or
   41  consider the criminal history of an applicant seeking admission
   42  to the institution.
   43         Section 3. This act shall take effect July 1, 2019.