Florida Senate - 2023                                    SB 1028
       
       
        
       By Senator Stewart
       
       
       
       
       
       17-01530-23                                           20231028__
    1                        A bill to be entitled                      
    2         An act relating to professional licensing requirements
    3         for barbers and cosmetologists; amending s. 455.213,
    4         F.S.; providing a period of time when a conviction, or
    5         any other adjudication, for a crime may not be grounds
    6         for denial of licensure as a barber or cosmetologist;
    7         providing an exception; requiring the applicable board
    8         to approve certain educational program credits offered
    9         to inmates in certain institutions or facilities for
   10         purposes of satisfying training requirements for
   11         licensure as a barber or cosmetologist; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (b) of subsection (3) of section
   17  455.213, Florida Statutes, is amended, paragraph (f) is added to
   18  that subsection, and paragraph (a) of that subsection is
   19  republished, to read:
   20         455.213 General licensing provisions.—
   21         (3)(a) Notwithstanding any other law, the applicable board
   22  shall use the process in this subsection for review of an
   23  applicant’s criminal record to determine his or her eligibility
   24  for licensure as:
   25         1. A barber under chapter 476;
   26         2. A cosmetologist or cosmetology specialist under chapter
   27  477;
   28         3. Any of the following construction professions under
   29  chapter 489:
   30         a. Air-conditioning contractor;
   31         b. Electrical contractor;
   32         c. Mechanical contractor;
   33         d. Plumbing contractor;
   34         e. Pollutant storage systems contractor;
   35         f. Roofing contractor;
   36         g. Sheet metal contractor;
   37         h. Solar contractor;
   38         i. Swimming pool and spa contractor;
   39         j. Underground utility and excavation contractor; or
   40         k. Other specialty contractors; or
   41         4. Any other profession for which the department issues a
   42  license, provided the profession is offered to inmates in any
   43  correctional institution or correctional facility as vocational
   44  training or through an industry certification program.
   45         (b)1. A conviction, or any other adjudication, for a crime
   46  more than 3 years before the date the application is received by
   47  the applicable board may not be grounds for denial of a license
   48  specified in subparagraph (a)1. or subparagraph (a)2. unless the
   49  applicant was convicted of a crime at any time during the 3-year
   50  period immediately preceding the application. A conviction, or
   51  any other adjudication, for a crime more than 5 years before the
   52  date the application is received by the applicable board may not
   53  be grounds for denial of a license specified in subparagraph
   54  (a)3. or subparagraph (a)4 paragraph (a). For purposes of this
   55  paragraph, the term “conviction” means a determination of guilt
   56  that is the result of a plea or trial, regardless of whether
   57  adjudication is withheld. This paragraph does not limit the
   58  applicable board from considering an applicant’s criminal
   59  history that includes a crime listed in s. 775.21(4)(a)1. or s.
   60  776.08 at any time, but only if such criminal history has been
   61  found to relate to the practice of the applicable profession.
   62         2. The applicable board may consider the criminal history
   63  of an applicant for licensure under subparagraph (a)3. if such
   64  criminal history has been found to relate to good moral
   65  character.
   66         (f) The applicable board shall approve educational program
   67  credits offered to inmates in any correctional institution or
   68  correctional facility as vocational training or through an
   69  industry certification program for purposes of satisfying
   70  applicable training requirements for licensure in a profession
   71  under subparagraph (a)1. or subparagraph (a)2.
   72         Section 2. This act shall take effect July 1, 2023.