Florida Senate - 2019                                     SB 946
       
       
        
       By Senator Powell
       
       
       
       
       
       30-00365A-19                                           2019946__
    1                        A bill to be entitled                      
    2         An act relating to background screening; creating s.
    3         435.13, F.S.; prohibiting employers from excluding
    4         applicants from an initial interview for employment
    5         under certain conditions; providing a civil penalty;
    6         providing applicability; providing exceptions;
    7         requiring the Department of Economic Opportunity to
    8         enforce the act; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 435.13, Florida Statutes, is created to
   13  read:
   14         435.13 Unlawful employment practices.—
   15         (1) Notwithstanding any other law, an employer may not
   16  exclude an applicant from an initial interview for employment
   17  solely because he or she has been found guilty of, regardless of
   18  adjudication, or entered a plea of nolo contendere or guilty to,
   19  or was adjudicated delinquent and the record has not been sealed
   20  or expunged for, any offense listed under s. 435.04(2).
   21         (2) An employer excludes an applicant from an initial
   22  interview if the employer:
   23         (a) Requires an applicant to disclose on an employment
   24  application whether he or she has been found guilty of,
   25  regardless of adjudication, or entered a plea of nolo contendere
   26  or guilty to, or was adjudicated delinquent and the record has
   27  not been sealed or expunged for, any offense listed under s.
   28  435.04(2);
   29         (b) Requires an applicant to disclose before an initial
   30  interview whether he or she has been found guilty of, regardless
   31  of adjudication, or entered a plea of nolo contendere or guilty
   32  to, or was adjudicated delinquent and the record has not been
   33  sealed or expunged for, any offense listed under s. 435.04(2);
   34  or
   35         (c) Requires an applicant to disclose before the employer
   36  makes a conditional offer of employment whether he or she has
   37  been found guilty of, regardless of adjudication, or entered a
   38  plea of nolo contendere or guilty to, or was adjudicated
   39  delinquent and the record has not been sealed or expunged for,
   40  any offense listed under s. 435.04(2), if no interview is
   41  conducted.
   42         (3) This section does not prevent an employer from
   43  considering an applicant’s conviction history when making a
   44  hiring decision.
   45         (4) An employer that violates this section is subject to a
   46  civil penalty of not more than $5,000 for each violation.
   47         (5) Subsections (1) and (2) do not apply:
   48         (a) If federal, state, or local law, including
   49  corresponding rules and regulations, requires the consideration
   50  of an applicant’s criminal history;
   51         (b) To an employer that is a law enforcement agency;
   52         (c) To an employer in the criminal justice system; or
   53         (d) To an employer seeking an employee for a volunteer
   54  position.
   55         (6) The Department of Economic Opportunity shall enforce
   56  this section.
   57         Section 2. This act shall take effect July 1, 2019.