HB 751 — Use of Criminal History in Licensing

words underlined are additions.

hb0751-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751 2024 agencies or political subdivisions, or any municipality solely because of a prior conviction for a crime.

However, a person may be denied employment by the state, any of its agencies or political subdivisions, or any municipality by reason of the prior conviction for a crime if the crime was a felony or first- degree misdemeanor and directly related to the position of employment sought.

(4)(a)(b) Notwithstanding any other law Except as provided in s.

775.16, a person may be denied a license, permit, or certification to pursue, practice, or engage in an occupation, trade, vocation, profession, or business by reason of the prior conviction for a crime only if all of the following apply:

1.

The crime was:

a.

A felony or first-degree misdemeanor for which the person was not incarcerated for the offense and was convicted less than 3 years before a state agency considers his or her application for a license, permit, or certification;

b.

A forcible felony as defined in s.

776.08;

c.

An offense involving a breach of a fiduciary duty;

d.

An offense for a fraudulent practice under chapter 817 or a substantially similar offense under the laws of another jurisdiction;

or e.

A felony or first-degree misdemeanor for which the person was incarcerated for the offense and his or her incarceration ended less than 3 years before a state agency Page 4of 17 CODING:

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hb0751-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751 2024 considers his or her application for a license, permit, or certification.

2.

The conviction directly and specifically relates to the duties and responsibilities of the occupation, trade, vocation, profession, or business for which the license, permit, or certification is sought.

3.

Granting the license, permit, or certification would pose a direct and substantial risk to public safety because there is clear and convincing evidence that the person has not been rehabilitated to safely perform the duties and responsibilities of the that is directly related to the standards determined by the regulatory authority to be necessary and reasonably related to the protection of the public health, safety, and welfare for the specific occupation, trade, vocation, profession, or business for which the license, permit, or certificate is sought.

(b)(c) Notwithstanding any law to the contrary, a state agency may not deny an application for a license, permit, certificate, or employment based solely on the applicant's lack of civil rights.

However, this paragraph does not apply to applications for a license to carry a concealed weapon or firearm under chapter 790.

(c) In determining whether a person has or has not been rehabilitated as required under paragraph (a) in order to grant a license, permit, or certification, a state agency must Page 5of 17 CODING:

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hb0751-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751 2024 consider the person's current circumstances and mitigating factors, including all of the following factors:

1.

The age of the person when he or she committed the offense.

2.

The amount of time that has elapsed since the person committed the offense.

3.

The circumstances surrounding and the nature of the offense.

4.

If the person completed his or her criminal sentence and, if so, the amount of time that has passed since such completion.

5.

If the person received a certificate of rehabilitation or good conduct.

6.

If the person completed or is an active participant in a rehabilitative drug or alcohol program.

7.

Any testimonials or recommendations, including progress reports from the person's probation or parole officer.

8.

Any education and training the person has received.

9.

The person's past employment history and his or her aspirations.

10.

The person's family responsibilities.

11.

If the occupation, trade, vocation, profession, or business for which the person seeks employment requires him or her to be bonded.

12.

Any other evidence of rehabilitation or information Page 6of 17 CODING:

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hb0751-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751 2024 that the person submits to the state agency.

(d) A state agency may deny an application for a license, permit, or certification to pursue, practice, or engage in an occupation, trade, vocation, profession, or business based on a person's prior conviction only if the state agency provides written notification to the person, in accordance with s.

120.60(3)(b).

(e)1.

Notwithstanding any law to the contrary, a person with a prior conviction for a crime may petition a state agency at any time, including while in confinement, under supervision, or before obtaining any required qualifications for a license, permit, or certification, for a decision as to whether the person's prior conviction will disqualify the person from obtaining the license, permit, or certification.

The person must include in the petition a record of his or her prior convictions or authorize the state agency to obtain his or her record of prior convictions.

In reviewing the petition, the state agency must determine if granting the license, permit, or certification to such person would pose a direct and substantial risk to public safety because there is clear and convincing evidence that the person has not been rehabilitated to safely perform the duties and responsibilities of the specific occupation, trade, vocation, profession, or business for which the license, permit, or certification is sought.

The state agency must follow the requirements of s.

120.60(3)(b) when reviewing and making a Page 7of 17 CODING:

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hb0751-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751 2024 decision on the petition.

2.

If a state agency determines under subparagraph 1.

that a person is not disqualified for a license, permit, or certification, such decision is binding on the state agency in any later ruling on the person's formal application for a license, permit, or certification unless the information contained in the petition is subsequently found to be inaccurate or incomplete, or the person is subsequently convicted of a crime.

3.

If a state agency determines under subparagraph 1.

that a person is disqualified for a license, permit, or certification, the state agency must advise the person of any actions the person may take to remedy the disqualification.

The person may submit a revised petition reflecting completion of the remedial actions before the deadline set by the state agency in its final decision on the petition.

4.

A person may not submit a new petition to the state agency until at least 1 year after a final decision on the initial petition is rendered or the person obtains the required qualifications for the license, permit, or certification, whichever is earlier.

(f) Notwithstanding any law to the contrary, a state agency may not use vague terms such as good moral character, moral turpitude, or character and fitness in its decision to disqualify a person from receiving a license, permit, or Page 8of 17 CODING:

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hb0751-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751 2024 certification based on the person's prior conviction for a crime.

Section 2.

The Legislature seeks to make employment opportunities available to ex-offenders in a manner that preserves and protects serves to preserve and protect the health, safety, and welfare of the general public, yet encourages ex-offenders them to become productivePage members1of of5 society.CODING:

To this end, state agencies that exercise regulatory authority are in the best position to identify all restrictions on employment imposed by the agencies or by boards that regulate professions and occupations and are obligated to protect the health, safety, and welfare of the general public by clearly setting forth those restrictions in keeping with statutory standards and protections determined by the agencies to be in the least restrictive manner.

(2) Annually, each state agency, including, but not limited to, those state agencies responsible for issuing licenses, permits, or certifications to pursue, practice, or engage in an occupation, trade, vocation, profession, or Page 9of 17 CODING:

hb0751-00hb0751-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751CS/HB751 2024 businessproductive mustmembers professional and occupational regulatory boards, shall ensure the appropriate restrictions necessary to protect the overall health, safety, and welfare of thesociety. general public are in place, and by December 31, 2011, and every 4 years thereafter, submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives, and post publicly on its website, a report that includes all of the following:

(a)To Thethis totalend, numberstate ofagencies applicantsthat withexercise aregulatory priorauthority convictionare forin athe crimebest forposition ato license,identify permit,all orrestrictions certificationon inemployment theimposed previousby yearthe and,agencies outor ofby boards that number,regulate theprofessions numberand ofoccupations timesand theare stateobligated agencyto grantedprotect anthe applicationhealth, safety, and welfare of the numbergeneral ofpublic timesby itclearly denied,setting withheld,forth orthose refusedrestrictions toin grantkeeping anwith applicationstatutory becausestandards ofand protections determined by the applicant'sagencies priorto conviction.be in the least restrictive manner.

The(2) reportBeginning mustMarch also1, specify2025, theand offensesannually forthereafter, which each decisionstate toagency, deny,including, withhold,but ornot refuselimited toto, grantthose anstate applicationagencies responsible for aissuing license,licenses, permit,permits, or certificationcertifications wasto basedpursue, Apractice, listor ofengage allin agencyan oroccupation, boardtrade, statutesvocation, profession, or rulesbusiness thatmust disqualifypost fromand employmentmaintain orpublicly licensureon personsits whowebsite haveprofessional beenand convictedoccupational regulatory boards, shall ensure the appropriate restrictions necessary to protect the overall health, safety, and welfare of athe crimegeneral public are in place, and haveby completedDecember any31, incarceration2011, and restitutionevery 4 years thereafter, submit to whichthe theyGovernor, havethe beenPresident sentencedof forthe suchSenate, crime.and the Speaker of the House of Representatives a report that includes all of the following:

(b)(a) The total number of applicantsapplications withreceived by the state agency in the previous calendar year for a license, permit, or certification for which the applicant had a prior convictionconviction, or any other adjudication, for a crime whoA petitionedlist theof stateall agency underor s.board statutes or rules that disqualify from employment or Page 2of 5 CODING:

112.011(2)(e) in the previous year and, out of that number, the number of times the state agency approved and denied a petition.

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hb0751-00hb0751-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751CS/HB751 2024 Thelicensure reportpersons mustwho alsohave specifybeen theconvicted offensesof fora whichcrime each decision to approve and denyhave acompleted petitionany wasincarceration basedand Arestitution determinationto ofwhich whetherthey thehave disqualifyingbeen statutessentenced orfor rulessuch arecrime. readily available to prospective employers and licensees.

(c)(b) AnyOut otherof data the statenumber agencyof deemsapplications relevantreceived in fulfillingparagraph its(a), purposethe undernumber this section The identification and evaluation of alternativestimes to the disqualifyingstate statutesagency ordenied, ruleswithheld, whichor protectrefused theto health,grant safety,an andapplication welfarebecause of the generalapplicant's publicprior withoutconviction, impedingor theany gainfulother employmentadjudication, of ex-a offenders.crime.

SectionThe 3.report must also specify the crimes for which each decision to deny, withhold, or refuse to grant an application for a license, permit, or certification was based A determination of whether the disqualifying statutes or rules are readily available to prospective employers and licensees.

Subsection(c) (3)Out of sectionthe 120.60,number Floridaof Statutes,applications isreceived amendedin toparagraph read:(a), the number of times the state agency granted an application in which the applicant had a prior conviction, or any other adjudication, of a crime.

120.60The Licensing.—report (3)(a)must Exceptalso asspecify providedthe crimes in paragraphsuch (b),applications eachwhich applicantwere mustnot shallused beas givena writtenbasis notice,for personallydenial orThe byidentification mail,and thatevaluation theof agencyalternatives intends to grantthe ordisqualifying deny,statutes or hasrules grantedwhich orprotect denied,the health, safety, and welfare of the applicationgeneral forpublic license.without impeding the gainful employment of ex-offenders.

(d) The noticeinformation mustprovided by the state withagency particularityunder theparagraphs grounds(a), or(b), basisand for(c), thebroken issuancedown orby denialthe specific type of application submitted and the license,types exceptof whenlicenses, issuancepermits, or certifications sought, including if the applicant is a ministerialresident act.Page 3of 5 CODING:

Unless waived, a copy of the notice must shall be delivered or mailed to each party's attorney of record and to each person who has made a written request for notice of agency action.

Each notice must inform the recipient of the basis for the agency decision, inform the recipient of any administrative hearing pursuant to ss.

120.569 and 120.57 or judicial review pursuant to s.

120.68 Page 11 of17 CODING:

hb0751-00hb0751-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751CS/HB751 2024 whichof may be available, indicate the procedure that must be followed, and state theor applicablean timeout-of-state limits.resident.

The(e) issuingAny agencyother shallinformation certify the date the notice was mailed or delivered,data and the noticestate andagency thedeems certificationrelevant mustin befulfilling filedits withpurpose theunder agencythis clerk.section.

(b)(3) IfFor anpurposes agencyof intendsthis tosection, denythe anterm application"conviction" formeans licensurea baseddetermination onof anguilt applicant'sthat prioris convictionthe forresult of a crimeplea asor providedtrial, inregardless s.of whether adjudication is withheld.

112.011,Section the2. agency must first provide the applicant written notice, in person or by mail, of the agency's intention consistent with this paragraph.

1.a.Subsection (15) of section 455.213, Florida Statutes, is renumbered as subsection (16), and a new subsection (15) is added to that section, to read:

The455.213 writtenGeneral noticelicensing mustprovisions.— state(15) withEach particularityapplicable board, or the groundsdepartment orif basisthere is no board, may make a finding that an applicant for thea agency'slicense intentionhas tobeen denyrehabilitated theafter applicationa conviction, or any other adjudication, for licensure.a crime.

b.Based on such finding, the board, or the department if there is no board, may grant a license regardless of an applicant's prior conviction, or any other adjudication, for a crime.

TheSuch noticefinding must informbe themade applicantbased thaton he or she may, within 30 days after receipt of such notice, provide a rebuttal with additional evidence of circumstances or rehabilitation, including written support provided by character witnesses, before the denialfollowing becomesfactors: final.

c.(a) The age of the person when he or she committed the crime.

A(b) copyThe ofamount the written notice must be delivered or mailed to each party's attorney of record,time ifthat applicable,has andelapsed tosince eachthe person whocommitted hasthe madecrime. a written request for notice of agency action.

(c) The agencycircumstances shallsurrounding certify the date the notice was mailed or delivered and the noticenature andof the certificationcrime. must be filed with the agency clerk.

2.(d) If the person completed his or her criminal sentence Page 4of 5 CODING:

The agency must provide an applicant written notice of Page 12 of17 CODING:

hb0751-00hb0751-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751CS/HB751 2024 itsand, decisionif onso, the applicationamount forof licensuretime withinthat 60has dayspassed aftersince thesuch deadlinecompletion. for submitting a rebuttal.

(e) If the agencyperson deniesreceived ora intendscertificate toof denyrehabilitation theor applicationgood forconduct. licensure, the agency must specify the clear and convincing evidence on which the agency based its determination.

The(f) agency'sIf decisionthe person completed or is reviewablean administrativelyactive pursuantparticipant toin ss.a rehabilitative drug or alcohol program.

120.569(g) andAny 120.57testimonials andor judiciallyrecommendations, pursuantincluding toprogress s.reports from the person's probation or parole officer.

120.68.(h) Any education and training the person has received.

(i) The writtenperson's noticepast mustemployment includehistory the procedure and applicablehis timeor framesher thatemployment mustaspirations. be followed to seek administrative review.

(j) The writtenperson's noticefamily mustresponsibilities. also state the earliest date on which the applicant may submit another application for licensure.

A(k) copyIf of the writtenoccupation, noticetrade, mustvocation, beprofession, delivered or mailedbusiness tofor eachwhich party'sthe attorney of record, if applicable, and to each person whoseeks hasemployment maderequires ahim writtenor requesther forto noticebe ofbonded. agency action.

The(l) agencyAny shallother certifyevidence theof daterehabilitation the notice was mailed or deliveredinformation andthat the noticeperson andsubmits theto certification must be filed with the agencyboard clerk.or department.

SectionFor 4.purposes of this subsection, the term "conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.

SubsectionSection (4)3. of section 310.071, Florida Statutes, is amended to read:

310.071 Deputy pilot certification.— (4) The board must follow the requirements in s.

112.011(4) before Notwithstanding s.

112.011 or any other provision of law relating to the restoration of civil rights, an applicant may shall be disqualified from applying for or and shall be denied a deputy pilot certificate if the applicant, regardless of adjudication, has ever been found guilty of, or Page 13 of17 CODING:

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hb0751-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751 2024 pled guilty or nolo contendere to, a charge which was:

(a) A felony or first degree misdemeanor which directly related to the navigation or operation of a vessel;

or (b) A felony involving the sale of or trafficking in, or conspiracy to sell or traffic in, a controlled substance as defined by chapter 893, or an offense under the laws of any state or country which, if committed in this state, would constitute the felony of selling or trafficking in, or conspiracy to sell or traffic in, such controlled substance.

Section 5.

Paragraphs (c), (d), and (e) of subsection (3) of section 455.213, Florida Statutes, are redesignated as paragraphs (a), (b), and (c), respectively, and present paragraphs (a) and (b) of subsection (3) and subsection (11) of that section are amended, to read:

455.213 General licensing provisions.— (3)(a) Notwithstanding any other law, the applicable board shall use the process in s.

112.011(4) this subsection for review of an applicant's criminal record to determine his or her eligibility for a license, permit, or certification.

licensure as:

1.

A barber under chapter 476;

2.

A cosmetologist or cosmetology specialist under chapter 477;

3.

Any of the following construction professions under chapter 489:

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hb0751-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751 2024 a.

Air-conditioning contractor;

b.

Electrical contractor;

c.

Mechanical contractor;

d.

Plumbing contractor;

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.

(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 may not be grounds for denial of a license specified in paragraph (a).

For purposes of this 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 paragraph does not limit the applicable 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 only if such criminal history has been found to relate to the Page 15 of17 CODING:

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hb0751-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751 2024 practice of the applicable profession.

2.

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.

(11) For any profession requiring fingerprints as part of the registration, certification, or licensure process or for any profession requiring a criminal history record check to determine good moral character, the fingerprints of the applicant must accompany all applications for registration, certification, or licensure.

The fingerprints must shall be forwarded to the Division of Criminal Justice Information Systems within the Department of Law Enforcement for processing to determine whether the applicant has a criminal history record.

The fingerprints must shall also be forwarded to the Federal Bureau of Investigation to determine whether the applicant has a criminal history record.

The information obtained by the processing of the fingerprints by the Department of Law Enforcement and the Federal Bureau of Investigation must shall be sent to the department to determine whether the applicant is statutorily qualified for registration, certification, or licensure.

Section 6.

Subsection (9) of section 626.207, Florida Statutes, is amended to read:

626.207 Disqualification of applicants and licensees;

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hb0751-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB751 2024 penalties against licensees;

rulemaking authority.— (9) Section 112.011(4) applies 112.011 does not apply to any applicants for licensure under the Florida Insurance Code, including, but not limited to, agents, agencies, adjusters, adjusting firms, or customer representatives.

Section 7.

Subsection (8) of section 626.9954, Florida Statutes, is amended to read:

626.9954 Disqualification from registration.— (8) Section 112.011(4) applies 112.011 does not apply to an applicant for registration as a navigator.

Section 8.

Subsection (7) of section 648.34, Florida Statutes, is amended to read:

648.34 Bail bond agents;

qualifications.— (7) Section 112.011(4) applies The provisions of s.

112.011 do not apply to bail bond agents or to applicants for licensure as bail bond agents.

Section 9.

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