SB 1302 — Criminal History Records

e.

Pollutant storage systems contractor;

f.

Roofing contractor;

g.

Sheet metal contractor;

h.

Solar contractor;

i.

Swimming pool and spa contractor;

j.

Underground utility and excavation contractor;

or k.

Other specialty contractors;

or 4.

Any other profession for which the department issues a license, provided the profession is offered to inmates in any correctional institution or correctional facility as vocational training or through an industry certification program.

(c)1.(b)1.

A conviction, or any other adjudication, for a crime more than 5 years before the date the application is received by the applicable board, or the department if there is no board, may not be grounds for denial of a license specified in paragraph (a).

For purposes of this subsection paragraph, the term “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.

This subparagraph paragraph does not limit the applicable board, or the department if there is no board, from considering an applicant’s criminal history that includes a crime listed in s.

775.21(4)(a)1.

or s.

776.08 at any time, but Page 3 of 7 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 1302 580-02079-22 20221302c1 only if such criminal history has been found to directly relate to the practice of the applicable profession.

2.

Notwithstanding subparagraph 1., the following criminal history may not be used, distributed, or disseminated by the department or a board or its agents in connection with an application for licensure:

a.

An arrest without a valid conviction.

b.

Convictions that have been sealed, dismissed, or expunged.

c.

Misdemeanor convictions without incarceration.

d.

Noncriminal infractions.

(g) The applicable board, or the department if there is no board, may not deny an application for a license solely or in part on the basis of an applicant’s criminal history unless the criminal history directly relates to the practice of the applicable profession for which the license is sought or held.

1.

In determining if a criminal history directly relates to the practice of the applicable profession for which the license is sought or held, the applicable board, or the department if there is no board, shall consider:

a.

The nature and seriousness of the conviction.

b.

Whether the conviction directly relates to the practice of the applicable profession for which the license is sought or held.

c.

Whether the duties and responsibilities of the profession provide the opportunity for the same or a similar offense to occur.

d.

Whether circumstances leading to the offense for which the person was convicted will recur in the profession.

Page 4 of 7 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 1302 580-02079-22 20221302c1 e.

The age of the person at the time the offense was committed.

f.

The length of time since the conviction.

g.

All circumstances relative to the offense, including mitigating circumstances or social conditions surrounding the commission of the offense.

h.

Evidence of mitigation or rehabilitation and the applicant’s current ability to practice the profession competently in accordance with the actual practice of the profession.

2.

If the applicable board, or the department if there is no board, intends to deny an application for a license solely or in part on the basis of the applicant’s criminal history, it must notify the applicant in writing of its intent before making a final decision.

Such notice must do all of the following:

a.

Identify the reasons for the potential denial.

b.

Provide a copy of any criminal history record.

c.

Provide examples of evidence of mitigation or rehabilitation and the current ability to practice the profession competently in accordance with the actual practice of the profession, which the applicant may voluntarily provide.

(I) An applicant who has been convicted of an offense that directly relates to the practice of the applicable profession for which a license is sought may not be denied the license if he or she can show evidence of mitigation or rehabilitation and the current ability to practice the profession competently in accordance with the actual practice of the profession.

(II) The applicant shall have 10 business days after issuance of the notice to respond with any information, Page 5 of 7 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 1302 580-02079-22 20221302c1 including challenging the accuracy of the information and submitting evidence of mitigation or rehabilitation and his or her current ability to practice the profession competently in accordance with the actual practice of the profession.

(III) Evidence of mitigation or rehabilitation and the applicant’s current ability to practice the profession competently in accordance with the actual practice of the profession may be established by:

(A) Proof of compliance with the terms and conditions of probation or parole;

or (B) Other evidence, including, but not limited to, letters of reference or program or education certificates.

(IV) If an applicable board, or the department if there is no board, denies an application for a license solely or in part on the basis of the applicant’s criminal history, it must notify the applicant in writing of all of the following:

(A) Final denial.

(B) Appeal process The applicable board may consider the criminal history of an applicant for licensure under subparagraph (a)3.

if such criminal history has been found to relate to good moral character.

Present paragraph (b) of subsection (2) of section 943.059, Florida Statutes, is redesignated as paragraph (c), and paragraph (f) is added to subsection (1) and a new paragraph (b) is added to subsection (2) of that section, to read:

943.059 Court-ordered sealing of criminal history records.— (1) ELIGIBILITY.—A person is eligible to petition a court to seal a criminal history record when:

Page 6 of 7 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2022 CS for SB 1302 580-02079-22 20221302c1 (f) Notwithstanding paragraphs (b) and (e), if a criminal history record has been automatically sealed pursuant to s.

943.0595 and the subject of the sealed record presents a record of the sealing by the department described in paragraph (2)(b) to the court, the court shall grant the sealing of the criminal history record.

(2) CERTIFICATE OF ELIGIBILITY.—Before petitioning the court to seal a criminal history record, a person seeking to seal a criminal history record must apply to the department for a certificate of eligibility for sealing.

The department shall adopt rules relating to the application for and issuance of certificates of eligibility for sealing.

(b) Notwithstanding paragraph (a), the department shall also issue a certificate of eligibility for sealing to a person who is the subject of a criminal history record that has been sealed by the department pursuant to s.

943.0595.

This certificate must indicate that the record has been sealed by the department and is only valid for court-ordered sealing under paragraph (1)(f) of a record already sealed pursuant to s.

943.0595.

Section 3.

Page 27 of 27 CODING: