Title: Criminal History Records in Applications

Summary: Prohibiting a public employer from inquiring into or considering an applicant's criminal history on an initial employment application unless required to do so by law; prohibiting public postsecondary educational institutions from inquiring into or considering the criminal history of an applicant seeking admission, etc.

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 applicant 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 increasing access to public postsecondary education, NOW, THEREFORE, 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 the applicant 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 Unlawful 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, 2019.