Florida Senate - 2015 SB 1168
By Senator Sachs
34-00968-15 20151168__
1 A bill to be entitled
2 An act relating to applicants to be a contractor;
3 amending s. 489.115, F.S.; authorizing the
4 Construction Industry Licensing Board to deny
5 licensure to an applicant who has been convicted of
6 specified felonies based upon the severity of the
7 crime, the relationship of the crime to contracting,
8 or the potential for public harm; prohibiting the
9 board from denying licensure to an applicant based
10 upon a conviction of a felony of the third degree, a
11 misdemeanor, a civil penalty, or based solely upon the
12 applicant’s failure to provide proof of restoration of
13 civil rights; amending ss. 489.511 and 489.513, F.S.;
14 prohibiting the Electrical Contractors’ Licensing
15 Board from making a determination that an individual
16 applying for certification is ineligible based upon a
17 conviction of a felony of the third degree, a
18 misdemeanor, or a civil penalty; amending s. 489.553,
19 F.S.; prohibiting the Department of Health from
20 considering a conviction of a felony of the third
21 degree, a misdemeanor, or a civil penalty in its
22 consideration of good moral character; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (6) of section 489.115, Florida
28 Statutes, is amended to read:
29 489.115 Certification and registration; endorsement;
30 reciprocity; renewals; continuing education.—
31 (6) An applicant for initial issuance of a certificate or
32 registration shall submit to a statewide criminal history
33 records check through the Department of Law Enforcement. The
34 Department of Business and Professional Regulation shall submit
35 the requests for the criminal history records check to the
36 Department of Law Enforcement for state processing, and the
37 Department of Law Enforcement shall return the results to the
38 department to determine if the applicant meets certification or
39 registration requirements. If the applicant has been convicted
40 of a felony of the first degree or a felony of the second degree
41 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
42 the board may deny licensure to the applicant based upon the
43 severity of the crime, the relationship of the crime to
44 contracting, or the potential for public harm. The board shall
45 also, in denying or approving licensure, consider the length of
46 time since the commission of the crime and the rehabilitation of
47 the applicant. The board may not deny licensure to an applicant
48 based solely upon a conviction of a felony conviction of the
49 third degree punishable as provided in s. 775.082 or s. 775.083,
50 a misdemeanor, a civil penalty, or based solely upon the
51 applicant’s failure to provide proof of restoration of civil
52 rights.
53 Section 2. Paragraph (c) of subsection (3) of section
54 489.511, Florida Statutes, is redesignated as paragraph (d), and
55 a new paragraph (c) is added to that subsection, to read:
56 489.511 Certification; application; examinations;
57 endorsement.—
58 (3)
59 (c) The board may not determine that an individual applying
60 for certification is ineligible based upon a conviction of a
61 felony of the third degree punishable as provided in s. 775.082
62 or s. 775.083, a misdemeanor, or a civil penalty.
63 Section 3. Paragraph (c) of subsection (1) of section
64 489.513, Florida Statutes, is amended to read:
65 489.513 Registration; application; requirements.—
66 (1) Any person engaged in the business of contracting in
67 the state shall be registered in the proper classification
68 unless he or she is certified. Any person desiring to be a
69 registered contractor shall apply to the department for
70 registration and must:
71 (c) Meet eligibility requirements according to the
72 following criteria:
73 1. As used in this subsection, the term “good moral
74 character” means a personal history of honesty, fairness, and
75 respect for the rights of others and for state and federal law.
76 2. The board may not determine that an individual applying
77 for certification is ineligible based upon a conviction of a
78 felony of the third degree punishable as provided in s. 775.082
79 or s. 775.083, a misdemeanor, or a civil penalty.
80 3. The board may determine that an individual applying for
81 registration is ineligible due to failure to satisfy the
82 requirement of good moral character only if:
83 a. There is a substantial connection between the lack of
84 good moral character of the individual and the professional
85 responsibilities of a registered contractor; and
86 b. The finding by the board of lack of good moral character
87 is supported by clear and convincing evidence.
88 4.3. When an individual is found to be unqualified because
89 of lack of good moral character, the board must furnish such
90 individual a statement containing the findings of the board, a
91 complete record of evidence upon which the determination was
92 based, and a notice of the rights of the individual to a
93 rehearing and an appeal.
94 Section 4. Paragraph (a) of subsection (4) of section
95 489.553, Florida Statutes, is amended to read:
96 489.553 Administration of part; registration
97 qualifications; examination.—
98 (4) To be eligible for registration by the department as a
99 septic tank contractor, the applicant must:
100 (a) Be of good moral character. In considering good moral
101 character, the department may consider a any matter that has a
102 substantial connection between the good moral character of the
103 applicant and the professional responsibilities of a registered
104 contractor, including, but not limited to: the applicant being
105 convicted or found guilty of, or entering a plea of nolo
106 contendere to, regardless of adjudication, a crime in any
107 jurisdiction which directly relates to the practice of
108 contracting or the ability to practice contracting; and previous
109 disciplinary action involving septic tank contracting, where all
110 judicial reviews have been completed. However, in considering
111 good moral character, the department may not consider a
112 conviction of a felony of the third degree punishable as
113 provided in s. 775.082 or s. 775.083, a misdemeanor, or a civil
114 penalty.
115 Section 5. This act shall take effect July 1, 2015.