Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 1302
Ì568010jÎ568010
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/18/2022 .
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The Committee on Regulated Industries (Burgess) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 46 - 162
4 and insert:
5 (3)(a) Notwithstanding any other law, the applicable board,
6 or the department if there is no board, shall use the process in
7 this subsection for review of an applicant’s criminal record to
8 determine his or her eligibility for licensure. as:
9 (b) The applicable board, or the department if there is no
10 board, may not inquire into or consider the conviction history
11 of an applicant for licensure until the applicant is determined
12 to be otherwise qualified for licensure.
13 1. A barber under chapter 476;
14 2. A cosmetologist or cosmetology specialist under chapter
15 477;
16 3. Any of the following construction professions under
17 chapter 489:
18 a. Air-conditioning contractor;
19 b. Electrical contractor;
20 c. Mechanical contractor;
21 d. Plumbing contractor;
22 e. Pollutant storage systems contractor;
23 f. Roofing contractor;
24 g. Sheet metal contractor;
25 h. Solar contractor;
26 i. Swimming pool and spa contractor;
27 j. Underground utility and excavation contractor; or
28 k. Other specialty contractors; or
29 4. Any other profession for which the department issues a
30 license, provided the profession is offered to inmates in any
31 correctional institution or correctional facility as vocational
32 training or through an industry certification program.
33 (c)1.(b)1. A conviction, or any other adjudication, for a
34 crime more than 5 years before the date the application is
35 received by the applicable board, or the department if there is
36 no board, may not be grounds for denial of a license specified
37 in paragraph (a). For purposes of this subsection paragraph, the
38 term “conviction” means a determination of guilt that is the
39 result of a plea or trial, regardless of whether adjudication is
40 withheld. This subparagraph paragraph does not limit the
41 applicable board, or the department if there is no board, from
42 considering an applicant’s criminal history that includes a
43 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
44 only if such criminal history has been found to directly relate
45 to the practice of the applicable profession.
46 2. Notwithstanding subparagraph 1., the following criminal
47 history may not be used, distributed, or disseminated by the
48 department or a board or its agents in connection with an
49 application for licensure:
50 a. An arrest without a valid conviction.
51 b. Convictions that have been sealed, dismissed, or
52 expunged.
53 c. Misdemeanor convictions without incarceration.
54 d. Noncriminal infractions.
55 (g) The applicable board, or the department if there is no
56 board, may not deny an application for a license solely or in
57 part on the basis of an applicant’s criminal history unless the
58 criminal history directly relates to the practice of the
59 applicable profession for which the license is sought or held.
60 1. In determining if a criminal history directly relates to
61 the practice of the applicable profession for which the license
62 is sought or held, the applicable board, or the department if
63 there is no board, shall consider:
64 a. The nature and seriousness of the conviction.
65 b. Whether the conviction directly relates to the practice
66 of the applicable profession for which the license is sought or
67 held.
68 c. Whether the duties and responsibilities of the
69 profession provide the opportunity for the same or a similar
70 offense to occur.
71 d. Whether circumstances leading to the offense for which
72 the person was convicted will recur in the profession.
73 e. The age of the person at the time the felony was
74 committed.
75 f. The length of time since the conviction.
76 g. All circumstances relative to the felony, including
77 mitigating circumstances or social conditions surrounding the
78 commission of the felony.
79 h. Evidence of mitigation or rehabilitation and the
80 applicant’s current ability to practice the profession
81 competently in accordance with the actual practice of the
82 profession.
83 2. If the applicable board, or the department if there is
84 no board, intends to deny an application for a license solely or
85 in part on the basis of the applicant’s criminal history, it
86 must notify the applicant in writing of its intent before making
87 a final decision. Such notice must do all of the following:
88 a. Identify the reasons for the potential denial.
89 b. Provide a copy of any criminal history record.
90 c. Provide examples of evidence of mitigation or
91 rehabilitation and the current ability to practice the
92 profession competently in accordance with the actual practice of
93 the profession, which the applicant may voluntarily provide.
94 (I) An applicant who has been convicted of an offense that
95 directly relates to the practice of the applicable profession
96 for which a license is sought may not be denied the license if
97 he or she can show evidence of mitigation or rehabilitation and
98 the current ability to practice the profession competently in
99 accordance with the actual practice of the profession.
100 (II) The applicant shall have 10 business days after
101 issuance of the notice to respond with any information,
102 including challenging the accuracy of the information and
103 submitting evidence of mitigation or rehabilitation and his or
104 her current ability to practice the profession competently in
105 accordance with the actual practice of the profession.
106 (III) Evidence of mitigation or rehabilitation and the
107 applicant’s current ability to practice the profession
108 competently in accordance with the actual practice of the
109 profession may be established by:
110 (A) Proof of compliance with the terms and conditions of
111 probation or parole; or
112 (B) Other evidence, including, but not limited to, letters
113 of reference or program or education certificates.
114 (IV) If an applicable board, or the department if there is
115 no board, denies an application for a license solely or in part
116 on the basis of the applicant’s criminal history, it must notify
117 the applicant in writing of all of the following:
118 (A) Final denial.
119 (B) Appeal process.
120 2. The applicable board may consider the criminal history
121 of an applicant for licensure under subparagraph (a)3. if such
122 criminal history has been found to relate to good moral
123 character.
124
125 ================= T I T L E A M E N D M E N T ================
126 And the title is amended as follows:
127 Delete lines 4 - 28
128 and insert:
129 board, or the Department of Business and Professional
130 Regulation if there is no such board, from inquiring
131 into or considering the conviction history of an
132 applicant for licensure until it is determined that
133 the applicant is otherwise qualified; revising
134 professions for licensure eligibility; removing a
135 provision relating to licensure of other professions
136 offered to certain inmates under certain
137 circumstances; prohibiting the use of a conviction, or
138 other adjudication, for a crime before the date an
139 application is received as being grounds for denial of
140 a license; authorizing an applicable board, or the
141 department if there is no board, to consider an
142 applicant’s criminal history only if such criminal
143 history directly relates to the practice of the
144 applicable profession; prohibiting the use,
145 distribution, and dissemination of specified criminal
146 records; removing a provision authorizing an
147 applicable board to consider an applicant’s criminal
148 history if the history has been found to relate to
149 good moral character; prohibiting the applicable
150 board, or the department if there is no board, from
151 denying an application for licensure of a person based
152 solely or in part on an applicant’s criminal history;
153 providing an exception; providing requirements for
154 determining if such criminal history directly relates
155 to the practice of the applicable profession;
156 providing requirements if the applicable board, or the
157 department if there is no board, intends