Title: Criminal History Records in Applications for Public Employment and Admission to Public Postsecondary Educational Institutions

Summary: Prohibits public employer from inquiring into or considering applicant's criminal history on initial employment application unless required to do so by law; prohibits public postsecondary educational institution from inquiring into or considering criminal history of applicant seeking admission.

Full Text:
WHEREAS, reducing barriers to public employment and postsecondary education for people who have a criminal history, reducing the unemployment rate, and increasing access to public postsecondary education are issues of statewide concern, and WHEREAS, prohibiting a public employer or public postsecondary educational institution from inquiring into or considering an applican t's criminal history on an initial employment application or an admissions application increases employment and educational opportunities for those who have a criminal history, thereby reducing the rate of recidivism, improving economic stability, and incr easing access to public postsecondary education, NOW, THEREFORE, HB 2017 Be It Enacted by the Legislature of the State of Florida: Section 1. Section 760.105, Florida Statutes, is created to read: 760.105 Unlawful employment screening.-Unless otherwise required by law, a public employer, as defined in s. 440.102, may not inquire into or consider an applicant's criminal history on an initial employment application. A public employer may inquire into or consider an applicant's criminal history only after th eapplicant's qualifications have been screened and the employer has determined that the applicant meets the minimum employment requirements specified for a given position. Section 2. Section 1007.36, Florida Statutes, is created to read: 1007.36 Unl awful admissions inquiries.-A public postsecondary educational institution may not inquire into or consider the criminal history of an applicant seeking admission to the institution. Section 3. This act shall take effect July 1, 2017.