Title: Public Employment Practices

Summary: Prohibits a public employer from inquiring into or considering the criminal history record of an applicant for public employment until the applicant has been selected for an interview by the public employer. Provides that the restriction does not prohibit a public employer from notifying an applicant that a law or the employer's policy may disqualify the applicant from employment in a particular position with the public employer, etc.

Full Text:
An act relating to public employment practices; defining the terms  applicant  and  public employer ; prohibiting a public employer from inquiring into or considering the criminal history record of an applicant for public employment until the applicant has been selected for an interview by the public employer; providing that the restriction does not prohibit a public employer from notifying an applicant that a law or the employer s policy may disqualify the applicant from employment in a particular position with the public employer; providing an exemption; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.  Public employment; consideration of criminal records in application process.  (1) As used in this section, the term: (a) Applicant  means a person who has submitted a written application for a position with a public employer. (b) Public employer  means: 1. A state agency or political subdivision of the state; 2. An instrumentality that is wholly owned by one or more state agencies or political subdivisions of the state; or 3. An instrumentality that is wholly owned by one or more state agencies, political subdivisions, or instrumentalities of the state and one or more state agencies or political subdivisions of one or more other states. (2)   A public employer may not inquire into or consider the criminal history record of an applicant for public employment until the applicant has been selected for an interview by the public employer. (3) This section does not prohibit a public employer from notifying an applicant that a law or the public employer s policy may disqualify the applicant from employment in a particular position with the public employer. (4) This section does not apply to a law enforcement agency or correctional agency. Section 2. This act shall take effect July 1, 2011.