Florida Senate - 2022 SB 1302
By Senator Burgess
20-00625A-22 20221302__
1 A bill to be entitled
2 An act relating to criminal history information;
3 amending s. 455.213, F.S.; prohibiting an applicable
4 board from inquiring into, or considering the
5 conviction history of, an applicant for licensure
6 until it is determined that the applicant is otherwise
7 qualified; revising professions for licensure
8 eligibility; removing a provision relating to
9 licensure of other professions offered to certain
10 inmates under certain circumstances; prohibiting the
11 use of a conviction, or other adjudication, for a
12 crime before the date an application is received as
13 being grounds for denial of a license; authorizing an
14 applicable board to consider an applicant’s criminal
15 history that includes certain crimes only if such
16 criminal history directly relates to the practice of
17 the applicable profession; prohibiting the use,
18 distribution, and dissemination of specified criminal
19 records; removing a provision authorizing an
20 applicable board to consider an applicant’s criminal
21 history if the history has been found to relate to
22 good moral character; prohibiting the applicable board
23 from denying an application for license of a person
24 based solely or in part on a prior felony conviction;
25 providing an exception; providing requirements for
26 determining if such felony conviction directly relates
27 to the practice of the applicable profession;
28 providing requirements if the applicable board intends
29 to deny an application for license based solely or in
30 part on the applicant’s prior felony conviction;
31 amending s. 943.059, F.S.; providing requirements for
32 court-ordered sealing of certain records that were
33 automatically sealed by the Department of Law
34 Enforcement under specified provisions; providing an
35 effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Present paragraphs (b) through (e) of subsection
40 (3) of section 455.213, Florida Statutes, are redesignated as
41 paragraphs (c) through (f), respectively, a new paragraph (b)
42 and paragraph (g) are added to that subsection, and paragraph
43 (a) and present paragraph (b) of that subsection are amended, to
44 read:
45 455.213 General licensing provisions.—
46 (3)(a) Notwithstanding any other law, the applicable board
47 shall use the process in this subsection for review of an
48 applicant’s criminal record to determine his or her eligibility
49 for licensure. as:
50 (b) The applicable board may not inquire into, or consider
51 the conviction history of, an applicant for licensure until the
52 applicant is determined to be otherwise qualified for licensure.
53 1. A barber under chapter 476;
54 2. A cosmetologist or cosmetology specialist under chapter
55 477;
56 3. Any of the following construction professions under
57 chapter 489:
58 a. Air-conditioning contractor;
59 b. Electrical contractor;
60 c. Mechanical contractor;
61 d. Plumbing contractor;
62 e. Pollutant storage systems contractor;
63 f. Roofing contractor;
64 g. Sheet metal contractor;
65 h. Solar contractor;
66 i. Swimming pool and spa contractor;
67 j. Underground utility and excavation contractor; or
68 k. Other specialty contractors; or
69 4. Any other profession for which the department issues a
70 license, provided the profession is offered to inmates in any
71 correctional institution or correctional facility as vocational
72 training or through an industry certification program.
73 (c)(b)1. A conviction, or any other adjudication, for a
74 crime more than 5 years before the date the application is
75 received by the applicable board may not be grounds for denial
76 of a license specified in paragraph (a). For purposes of this
77 paragraph, the term “conviction” means a determination of guilt
78 that is the result of a plea or trial, regardless of whether
79 adjudication is withheld. This subparagraph paragraph does not
80 limit the applicable board from considering an applicant’s
81 criminal history that includes a crime listed in s.
82 775.21(4)(a)1. or s. 776.08 at any time, but only if such
83 criminal history has been found to directly relate to the
84 practice of the applicable profession.
85 2. Notwithstanding subparagraph 1., the following criminal
86 history may not be used, distributed, or disseminated by the
87 state, its agents, or political subdivisions in connection with
88 an application for licensure:
89 a. An arrest without a valid conviction.
90 b. Convictions that have been sealed, dismissed, or
91 expunged.
92 c. Misdemeanor convictions without incarceration.
93 d. Noncriminal infractions.
94 2. The applicable board may consider the criminal history
95 of an applicant for licensure under subparagraph (a)3. if such
96 criminal history has been found to relate to good moral
97 character.
98 (g) The applicable board may not deny an application for a
99 license solely or in part on the basis of an applicant’s prior
100 felony conviction unless the conviction directly relates to the
101 practice of the applicable profession for which the license is
102 sought or held.
103 1. In determining if a felony conviction directly relates
104 to the practice of the applicable profession for which the
105 license is sought or held, the applicable board shall consider:
106 a. The nature and seriousness of the conviction.
107 b. Whether the conviction directly relates to the practice
108 of the applicable profession for which the license is sought or
109 held.
110 c. Whether the duties and responsibilities of the
111 profession provide the opportunity for the same or a similar
112 offense to occur.
113 d. Whether circumstances leading to the offense for which
114 the person was convicted will recur in the profession.
115 e. The age of the person at the time the felony was
116 committed.
117 f. The length of time since the conviction.
118 g. All circumstances relative to the felony, including
119 mitigating circumstances or social conditions surrounding the
120 commission of the felony.
121 h. Evidence of mitigation or rehabilitation and the
122 applicant’s current ability to practice the profession
123 competently in accordance with the actual practice of the
124 profession.
125 2. If the applicable board intends to deny an application
126 for a license solely or in part on the basis of the applicant’s
127 prior felony conviction, the board must notify the applicant in
128 writing of all of the following before making a final decision:
129 a. Identify the reasons for the potential denial.
130 b. Provide a copy of any criminal history record.
131 c. Provide examples of evidence of mitigation or
132 rehabilitation and the current ability to practice the
133 profession competently in accordance with the actual practice of
134 the profession which the applicant may voluntarily provide.
135 (I) An applicant who has been convicted of an offense that
136 directly relates to the practice of the applicable profession
137 for which a license is sought may not be denied the license if
138 he or she can show evidence of mitigation or rehabilitation and
139 the current ability to practice the profession competently in
140 accordance with the actual practice of the profession.
141 (II) The applicant shall have 10 business days after
142 issuance of the notice to respond with any information,
143 including challenging the accuracy of the information and
144 submitting evidence of mitigation or rehabilitation and his or
145 her current ability to practice the profession competently in
146 accordance with the actual practice of the profession.
147 (III) Evidence of mitigation or rehabilitation and the
148 applicant’s current ability to practice the profession
149 competently in accordance with the actual practice of the
150 profession may be established by:
151 (A) Proof of compliance with the terms and conditions of
152 probation or parole; or
153 (B) Other evidence, including, but not limited to, letters
154 of reference or program or education certificates.
155 (IV) If an applicable board denies an application for a
156 license solely or in part on the basis of the applicant’s prior
157 felony conviction, the applicable board must notify the
158 applicant in writing of all of the following:
159 (A) Final denial.
160 (B) Appeal process.
161 (C) Eligibility for other licenses or professions.
162 (D) Earliest date the applicant may reapply for a license.
163 Section 2. Present paragraph (b) of subsection (2) of
164 section 943.059, Florida Statutes, is redesignated as paragraph
165 (c), and paragraph (f) is added to subsection (1) and a new
166 paragraph (b) is added to subsection (2) of that section, to
167 read:
168 943.059 Court-ordered sealing of criminal history records.—
169 (1) ELIGIBILITY.—A person is eligible to petition a court
170 to seal a criminal history record when:
171 (f) Notwithstanding paragraphs (b) and (e), if a criminal
172 history record has been automatically sealed pursuant to s.
173 943.0595 and the subject of the sealed record presents a record
174 of the sealing by the department described in paragraph (2)(b)
175 to the court, the court shall grant the sealing of the criminal
176 history record.
177 (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning the
178 court to seal a criminal history record, a person seeking to
179 seal a criminal history record must apply to the department for
180 a certificate of eligibility for sealing. The department shall
181 adopt rules relating to the application for and issuance of
182 certificates of eligibility for sealing.
183 (b) Notwithstanding paragraph (a), the department shall
184 also issue a certificate of eligibility for sealing to a person
185 who is the subject of a criminal history record that has been
186 sealed by the department pursuant to s. 943.0595. This
187 certificate must indicate that the record has been sealed by the
188 department and is only valid for court-ordered sealing under
189 paragraph (1)(f) of a record already sealed pursuant to s.
190 943.0595.
191 Section 3. This act shall take effect July 1, 2022.