SB 1012 — Criminal History in Licensing

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 conforming provisions to changes made by the act;

SectionParagraph (d) is added to subsection (1) of section 112.011, Florida Statutes, is amended to read:

112.011 Disqualification from licensing,licensing permitting, certification, and public employment based on criminal conviction.— (1) For(d)1. purposes of this section, the term:

(a)Notwithstanding “Conviction”any meansother law, a determinationperson ofwith guilt which is the result of a pleaprior orPage trial,1 regardless of whether2 adjudicationCODING: is withheld, under the laws of this state or another state.

(b) “Fiduciary duty” means a duty to act for someone else’s benefit while subordinating one’s personal interest to that of the other person.

(2)(a) Except as provided in s.

775.16, a person may not be disqualified from employment by the state, any of its 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.

(b) Notwithstanding any other law, a person may not be denied a license, permit, or certification to pursue, practice, Page 3 of 19 CODING:

Florida Senate - 2024 CS for CSSB 1012 580-02362-24 20241012c1 conviction for SBa 1012crime 591-02978-24may 20241012c2petition ora engagestate agency at any time, including while in anconfinement, occupation,while aunder trade,supervision, aor vocation,before obtaining any required personal qualifications for a profession,license, permit, or certification, for a businessdecision byas reasonto ofwhether the person’s arrestprior conviction for a crime notwould followeddisqualify byhim aor conviction.her from obtaining the license, permit, or certification.

However,In when a person has criminal charges pending that may serve as the basispetition, for the denialperson ofmust include a license,record permit,of orhis certification to pursue, practice, or engageher inprior anconviction occupation,for a trade,crime a vocation, a profession, or amust businessauthorize underthe paragraph (c), a state agency mayto deferobtain itssuch decisionrecord. on the person’s application pending resolution of the criminal charges, notwithstanding the 90-day deadline pursuant to s.

120.60(1).

(c) 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, a trade, a vocation, a profession, or a business by reason of the prior conviction for a crime only if all of the following apply:

1.

The crime was:

a.

A forcible felony as defined in s.

776.08;

b.

An offense involving a breach of fiduciary duty;

c.

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

d.

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

or e.

A felony or first-degree misdemeanor for which the person was incarcerated, and his or her incarceration ended less than 3 years before a state agency began considering his or her application for the license, permit, or certification.

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 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.

A determination is made pursuant to paragraph (e) with clear and convincing evidence that granting the license, permit, or certification would pose a direct and substantial risk to public safety because the person is unable to safely perform the duties and responsibilities of 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 certification certificate is sought.

(d)(c) Notwithstanding any law to the contrary, a state agency may not deny an application for a license, a permit, a certification 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.

(e) To determine whether granting a license, a permit, or a certification to a person would pose a direct and substantial risk to the public safety under paragraph (c), a state agency must consider the person’s current circumstances and mitigating factors, including all of the following:

1.

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

TheIf amounta ofstate timeagency thatreviews hasthe elapsedpetition sincesubmitted thepursuant personto committedsubparagraph the1. crime.

Pageand 5determines 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 unless the information contained in the petition is found to be inaccurate or incomplete, or the person is subsequently convicted of 19a CODING:crime.

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 3.

The circumstances surrounding the nature of the crime.

4.

Whether the person completed his or her criminal sentence, if applicable, and, if completed, the amount of time since completing such sentence.

5.

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

6.

Whether the person completed or is an active participant in a rehabilitative substance abuse program.

7.

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

8.

Whether the person has received any education or training.

9.

The person’s employment history and employment aspirations.

10.

The person’s family responsibilities.

11.

Whether the occupation, trade, vocation, profession, or business requires that the person be bonded.

12.

Any other evidence of rehabilitation or information the person submits to the state agency.

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

120.60(3).

(g)1.

Notwithstanding any other law, a state agency shall allow a person with a prior conviction for a crime to submit an application for a license, permit, or certification at any time, including while in confinement, while under supervision, or Page 6 of 19 CODING:

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 before obtaining any required personal qualifications for the license, permit, or certification, for the sole purpose of obtaining a decision on whether the person’s prior conviction for a crime would disqualify him or her from obtaining the license, permit, or certification.

In the application, the person must include a record of his or her prior conviction for a crime or must authorize the state agency to obtain such record.

2.

The state agency shall review the application submitted pursuant to subparagraph 1.

to determine whether the person is disqualified from the license, permit, or certification sought.

The timing of the agency’s review of the application must be governed by the timeframes set forth in s.

120.60(1).

If the state agency determines that the person is not disqualified for the license, permit, or certification sought, the agency must keep a record of that decision for 7 years, unless a longer timeframe is prescribed by law.

Such decision that the person is disqualified must be binding on the agency if the person subsequently completes an application for the license, permit, or certification after obtaining the required personal qualifications within 7 years, unless a longer timeframe is prescribed by law, during which time the 90-day timeframe set forth in s.

120.60(1) must be tolled.

However, the agency’s decision may not be binding on a subsequently completed application if the information provided by the applicant pursuant to subparagraph 1.

is found to be inaccurate or if the person was subsequently convicted of a disqualifying crime.

ForIf a person to submit an application pursuant to subparagraph 1., the state agency maydetermines chargeunder thesubparagraph fee1. ordinarily Page 7 of 19 CODING:

Wordsthat strickena areperson deletions;is disqualified for a license, permit, or certification, the agency must advise the person of any actions he or she may take to remedy the disqualification.

wordsThe underlinedperson aremay additions.submit a revised petition reflecting completion of any remedial actions before a deadline set by the agency in its final decision on the petition.

Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 required by law to submit an initial application for the license, permit, or certification, or a portion thereof.

However, if the state agency determines that the person is not disqualified for the license, permit, or certification pursuant to subparagraph 2.

and the person subsequently submits a completed application after obtaining the required personal qualifications, the fee charged pursuant to this subparagraph must be credited as a nonrefundable deposit toward the fee ordinarily required by law to submit an annual renewal application for the license, permit, or certification.

IfA person may not otherwise submit a new petition to the state agency determinesuntil that1 anyear applicantafter pursuanta tofinal subparagraphdecision 1.on the initial petition is rendered or the person obtains the required qualifications for a license, permit, or certification, whichever is earlier.

is disqualified for a license, permit, or certification, the agency must advise the person of any action he or she may take, if any, to remedy the disqualification.

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

(3)(a)(2)(a) This section does not apply to any law enforcement or correctional agency.

(b) This section does not apply to the employment practices of any fire department relating to the hiring of firefighters.

(c) This section does not apply to the employment practices of any county or municipality relating to the hiring of personnel for positions deemed to be critical to security or public safety pursuant to ss.

125.5801 and 166.0442.

(4)(3) Any complaint concerning the violation of this section shall be adjudicated in accordance with the procedures set forth in chapter 120 for administrative and judicial review.

Section 112.0111, Florida Statutes, is amended Page 8 of 19 CODING:

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 to read:

112.0111 Restrictions on the employment of ex-offenders;

legislative intent;

state agency reporting requirements.— (1) The Legislature declares that a goal of this state is to clearly identify the occupations from which ex-offenders are disqualified based on the nature of their offenses.

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 productive members of society.

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) Beginning March 1, 2025, and annually thereafter, 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, a trade, a vocation, a profession, or a business must post and maintain publicly on its website professional and occupational regulatory boards, shall ensure the appropriate restrictions necessary to protect the overall health, safety, and welfare of the 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 a Page 9 of 19 CODING:

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 report that includes all of the following:

(a) The total number of applications received by the state agency in the previous calendar year for a license, permit, or certification from applicants who had a prior conviction, or any other adjudication, for a crime A list of all agency or board statutes or rules that disqualify from employment or licensure persons who have been convicted of a crime and have completed any incarceration and restitution to which they have been sentenced for such crime.

(b) Out of the number of applications received in paragraph (a), the number of times the state agency denied, withheld, or refused to grant an application because of an applicant’s prior conviction, or any other adjudication, of a crime.

The report must also specify the crimes on 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.

(c) Out of the number of applications received in paragraph (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.

The report must also specify the crimes in such applications which were not used as a basis for denial The identification and evaluation of alternatives to the disqualifying statutes or rules which protect the health, safety, and welfare of the general public without impeding the gainful employment of ex-offenders.

(d) The information provided by the state agency under paragraphs (a), (b), and (c), broken down by the specific type Page 10 of 19 CODING:

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 of application submitted and the types of licenses, permits, or certifications sought, including if the applicant is a resident of the state or is an out-of-state resident.

(e) Any other information or data the state agency deems relevant in fulfilling its purpose under this section.

(3) For the purposes of this section, the term “conviction” means a determination of guilt which is the result of a plea or trial, regardless of whether adjudication is withheld.

Section 3.

Subsection (3) of section 120.60, Florida Statutes, is amended, and subsection (8) is added to that section, to read:

120.60 Licensing.— (3)(a) Each applicant must shall be given written notice, personally or by mail, that the agency intends to grant or deny, or has granted or denied, the application for license;

however, if the agency intends to deny the application for license based upon a person’s prior conviction for a crime pursuant to s.

112.011, the agency must first provide the applicant with written notice of the agency’s intention as stated in paragraph (b).

The notice required by this paragraph must state with particularity the grounds or basis for the issuance or denial of the license, except when issuance is a ministerial act.

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 which may be available, indicate the procedure that must be Page 11 of 19 CODING:

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 followed, and state the applicable time limits.

The issuing agency shall certify the date the notice was mailed or delivered, and the notice and the certification must be filed with the agency clerk.

(b)1.

The agency may deny an application for license based upon a person’s prior conviction for a crime consistent with s.

112.011 only if the agency provides the applicant with written notice, in person or by mail, of its intention to deny the application.

The notice must state with particularity the grounds or the basis for the agency’s intention to deny the license.

The notice must inform the recipient that, before the denial becomes final, he or she may provide a rebuttal with additional evidence of mitigating circumstances or rehabilitation, including written support provided by character witnesses.

Pursuant to subsection (1), the agency must allow the applicant at least 30 days to provide a rebuttal before issuing a decision on the application for license.

A copy of the notice must be delivered or mailed to each party’s attorney of record, if applicable, and to each person who has made a written request for notice of agency action.

The agency shall certify the date the notice was delivered or mailed, and the notice and the certification must be filed with the agency clerk.

2.

The agency shall provide written notification of its decision on the application for license within 60 days after the deadline for submitting a rebuttal.

If the agency denies or intends to deny the application for license, the agency must specify the clear and convincing evidence on which the agency based its determination.

The agency’s decision is administratively reviewable pursuant to ss.

120.569 and 120.57 Page 12 of 19 CODING:

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 and judicially reviewable pursuant to s.

120.68.

The notification must indicate the procedure and applicable time limits that must be followed to seek administrative review, and must state the earliest date that the applicant may submit another application for license.

A copy of the notice must be delivered or mailed to each party’s attorney of record, if applicable, and to each person who has made a written request for notice of agency action.

The agency shall certify the date the notice was mailed or delivered, and the notice and the certification must be filed with the agency clerk.

(8) Notwithstanding any other law, before formally denying an application for a license, a state agency must give the applicant 21 days to withdraw the application from consideration.

Such withdrawal may not be considered as an adverse regulatory action in any future application.

Notice of the right to withdraw may be given in conjunction with other notices of rights pursuant to this chapter.

Section 4.

Subsection (4) 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(2) 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 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 Page 13 of 19 CODING:

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 (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.

Subsections (3) and (11) of section 455.213, Florida Statutes, 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(2) this subsection for review of an applicant’s criminal record to determine his or her eligibility for 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:

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 Page 14 of 19 CODING:

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 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 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.

(c)1.

A person may apply for a license before his or her lawful release from confinement or supervision.

The department may not charge an applicant an additional fee for being confined or under supervision.

The applicable board may not deny an application for a license solely on the basis of the applicant’s current confinement or supervision.

2.

After a license application is approved, the applicable board may stay the issuance of a license until the applicant is lawfully released from confinement or supervision and the applicant notifies the applicable board of such release.

The Page 15 of 19 CODING:

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 applicable board must verify the applicant’s release with the Department of Corrections before it issues a license.

3.

If an applicant is unable to appear in person due to his or her confinement or supervision, the applicable board must allow permit the applicant to appear by teleconference or video conference, as appropriate, at any meeting of the applicable board or other hearing by the agency concerning his or her application.

4.

If an applicant is confined or under supervision, the Department of Corrections and the applicable board must shall cooperate and coordinate to facilitate the appearance of the applicant at a board meeting or agency hearing in person, by teleconference, or by video conference, as appropriate.

(c)(d) Each applicable board shall compile a list of crimes that, if committed and regardless of adjudication, do not relate to the practice of the profession or the ability to practice the profession and do not constitute grounds for denial of a license.

This list must be made available on the department’s website and updated annually.

Beginning October 1, 2019, each applicable board shall compile a list of crimes that although reported by an applicant for licensure, were not used as a basis for denial.

The list must identify for each such license application the crime reported and the date of conviction and whether there was a finding of guilt, a plea, or an adjudication entered or the date of sentencing.

(d)(e) Each applicable board shall compile a list of crimes that have been used as a basis for denial of a license in the past 2 years and shall make the list available on the department’s website.

Starting October 1, 2019, and updated Page 16 of 19 CODING:

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 quarterly thereafter, the applicable board shall compile a list indicating each crime used as a basis for denial.

For each crime listed, the applicable board shall must identify the date of conviction, finding of guilt, plea, or adjudication entered, or date of sentencing.

Such denials must be made available to the public upon request.

(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.

Paragraph (a) of subsection (3) of section 562.13, Florida Statutes, is amended to read:

562.13 Employment of minors or certain other persons by certain vendors prohibited;

exceptions.— (3)(a) It is unlawful for any vendor licensed under the beverage law to employ as a manager or person in charge or as a Page 17 of 19 CODING:

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 bartender any person:

1.

Who has been convicted within the last past 5 years of any offense against the beverage laws of this state, the United States, or any other state.

2.

Who has been convicted within the last past 5 years in this state or any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or any felony violation of chapter 893 or the controlled substances act of any other state or the Federal Government.

3.

Who has, in the last past 5 years, been convicted of any felony in this state, any other state, or the United States.

The term “conviction” shall include an adjudication of guilt on a plea of guilty or nolo contendere or forfeiture of a bond when such person is charged with a crime.

Section 7.

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

626.207 Disqualification of applicants and licensees;

penalties against licensees;

rulemaking authority.— (9) Section 112.011(2) 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 8.

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

648.34 Bail bond agents;

qualifications.— (7) Section 112.011(2) applies The provisions of s.

112.011 do not apply to bail bond agents or to applicants for licensure Page 18 of 19 CODING:

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Florida Senate - 2024 CS for CS for SB 1012 591-02978-24 20241012c2 as bail bond agents.

Section 9.

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