Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. CS for SB 1012
Ì729916HÎ729916
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/06/2024 .
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The Committee on Criminal Justice (Calatayud) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 112.011, Florida Statutes, is amended to
6 read:
7 112.011 Disqualification from licensing, permitting,
8 certification, and public employment based on criminal
9 conviction.—
10 (1) For purposes of this section, the term:
11 (a) “Conviction” means a determination of guilt which is
12 the result of a plea or trial, regardless of whether
13 adjudication is withheld, under the laws of this state or
14 another state.
15 (b) “Fiduciary duty” means a duty to act for someone else’s
16 benefit while subordinating one’s personal interest to that of
17 the other person.
18 (2)(a) Except as provided in s. 775.16, a person may not be
19 disqualified from employment by the state, any of its agencies
20 or political subdivisions, or any municipality solely because of
21 a prior conviction for a crime. However, a person may be denied
22 employment by the state, any of its agencies or political
23 subdivisions, or any municipality by reason of the prior
24 conviction for a crime if the crime was a felony or first-degree
25 misdemeanor and directly related to the position of employment
26 sought.
27 (b) Notwithstanding any other law, a person may not be
28 denied a license, permit, or certification to pursue, practice,
29 or engage in an occupation, a trade, a vocation, a profession,
30 or a business by reason of the person’s arrest for a crime not
31 followed by a conviction. However, when a person has criminal
32 charges pending that may serve as the basis for the denial of a
33 license, permit, or certification to pursue, practice, or engage
34 in an occupation, a trade, a vocation, a profession, or a
35 business under paragraph (c), a state agency may defer its
36 decision on the person’s application pending resolution of the
37 criminal charges, notwithstanding the 90-day deadline pursuant
38 to s. 120.60(1).
39 (c) Notwithstanding any other law Except as provided in s.
40 775.16, a person may be denied a license, permit, or
41 certification to pursue, practice, or engage in an occupation, a
42 trade, a vocation, a profession, or a business by reason of the
43 prior conviction for a crime only if all of the following apply:
44 1. The crime was:
45 a. A forcible felony as defined in s. 776.08;
46 b. An offense involving a breach of fiduciary duty;
47 c. An offense for a fraudulent practice under chapter 817
48 or a substantially similar offense under the laws of another
49 state;
50 d. A felony or first-degree misdemeanor for which the
51 person was not incarcerated, and he or she was convicted less
52 than 3 years before a state agency began considering his or her
53 application for a license, permit, or certification; or
54 e. A felony or first-degree misdemeanor for which the
55 person was incarcerated, and his or her incarceration ended less
56 than 3 years before a state agency began considering his or her
57 application for the license, permit, or certification.
58 2. The conviction directly and specifically relates to the
59 duties and responsibilities of the occupation, trade, vocation,
60 profession, or business for which the license, permit, or
61 certification is sought.
62 3. A determination is made pursuant to paragraph (e) with
63 clear and convincing evidence that granting the license, permit,
64 or certification would pose a direct and substantial risk to
65 public safety because the person is unable to safely perform the
66 duties and responsibilities of that is directly related to the
67 standards determined by the regulatory authority to be necessary
68 and reasonably related to the protection of the public health,
69 safety, and welfare for the specific occupation, trade,
70 vocation, profession, or business for which the license, permit,
71 or certification certificate is sought.
72 (d)(c) Notwithstanding any law to the contrary, a state
73 agency may not deny an application for a license, a permit, a
74 certification certificate, or employment based solely on the
75 applicant’s lack of civil rights. However, this paragraph does
76 not apply to applications for a license to carry a concealed
77 weapon or firearm under chapter 790.
78 (e) To determine whether granting a license, a permit, or a
79 certification to a person would pose a direct and substantial
80 risk to the public safety under paragraph (c), a state agency
81 must consider the person’s current circumstances and mitigating
82 factors, including all of the following:
83 1. The age of the person when he or she committed the
84 crime.
85 2. The amount of time that has elapsed since the person
86 committed the crime.
87 3. The circumstances surrounding the nature of the crime.
88 4. Whether the person completed his or her criminal
89 sentence, if applicable, and, if completed, the amount of time
90 since completing such sentence.
91 5. Whether the person received a certificate of
92 rehabilitation or good conduct.
93 6. Whether the person completed or is an active participant
94 in a rehabilitative substance abuse program.
95 7. Any testimonials or recommendations, including progress
96 reports from the person’s probation or parole officer.
97 8. Whether the person has received any education or
98 training.
99 9. The person’s employment history and employment
100 aspirations.
101 10. The person’s family responsibilities.
102 11. Whether the occupation, trade, vocation, profession, or
103 business requires that the person be bonded.
104 12. Any other evidence of rehabilitation or information the
105 person submits to the state agency.
106 (f) A state agency may deny the application for a license,
107 permit, or certification to pursue, practice, or engage in an
108 occupation, a trade, a vocation, a profession, or a business
109 based on a person’s prior conviction for a crime only if the
110 state agency provides written notification consistent with s.
111 120.60(3).
112 (g)1. Notwithstanding any other law, a state agency shall
113 allow a person with a prior conviction for a crime to submit an
114 application for a license, permit, or certification at any time,
115 including while in confinement, while under supervision, or
116 before obtaining any required personal qualifications for the
117 license, permit, or certification, for the sole purpose of
118 obtaining a decision on whether the person’s prior conviction
119 for a crime would disqualify him or her from obtaining the
120 license, permit, or certification. In the application, the
121 person must include a record of his or her prior conviction for
122 a crime or must authorize the state agency to obtain such
123 record.
124 2. The state agency shall review the application submitted
125 pursuant to subparagraph 1. to determine whether the person is
126 disqualified from the license, permit, or certification sought.
127 The timing of the agency’s review of the application must be
128 governed by the timeframes set forth in s. 120.60(1). If the
129 state agency determines that the person is not disqualified for
130 the license, permit, or certification sought, the agency must
131 keep a record of that decision for 7 years, unless a longer
132 timeframe is prescribed by law. Such decision that the person is
133 disqualified must be binding on the agency if the person
134 subsequently completes an application for the license, permit,
135 or certification after obtaining the required personal
136 qualifications within 7 years, unless a longer timeframe is
137 prescribed by law, during which time the 90-day timeframe set
138 forth in s. 120.60(1) must be tolled. However, the agency’s
139 decision may not be binding on a subsequently completed
140 application if the information provided by the applicant
141 pursuant to subparagraph 1. is found to be inaccurate or if the
142 person was subsequently convicted of a disqualifying crime.
143 3. For a person to submit an application pursuant to
144 subparagraph 1., the state agency may charge the fee ordinarily
145 required by law to submit an initial application for the
146 license, permit, or certification, or a portion thereof.
147 However, if the state agency determines that the person is not
148 disqualified for the license, permit, or certification pursuant
149 to subparagraph 2. and the person subsequently submits a
150 completed application after obtaining the required personal
151 qualifications, the fee charged pursuant to this subparagraph
152 must be credited as a nonrefundable deposit toward the fee
153 ordinarily required by law to submit an annual renewal
154 application for the license, permit, or certification.
155 4. If the state agency determines that an applicant
156 pursuant to subparagraph 1. is disqualified for a license,
157 permit, or certification, the agency must advise the person of
158 any action he or she may take, if any, to remedy the
159 disqualification. The person may submit a revised application
160 reflecting completion of any remedial actions before a deadline
161 set by the agency in its decision on the application.
162 (3)(a)(2)(a) This section does not apply to any law
163 enforcement or correctional agency.
164 (b) This section does not apply to the employment practices
165 of any fire department relating to the hiring of firefighters.
166 (c) This section does not apply to the employment practices
167 of any county or municipality relating to the hiring of
168 personnel for positions deemed to be critical to security or
169 public safety pursuant to ss. 125.5801 and 166.0442.
170 (4)(3) Any complaint concerning the violation of this
171 section shall be adjudicated in accordance with the procedures
172 set forth in chapter 120 for administrative and judicial review.
173 Section 2. Section 112.0111, Florida Statutes, is amended
174 to read:
175 112.0111 Restrictions on the employment of ex-offenders;
176 legislative intent; state agency reporting requirements.—
177 (1) The Legislature declares that a goal of this state is
178 to clearly identify the occupations from which ex-offenders are
179 disqualified based on the nature of their offenses. The
180 Legislature seeks to make employment opportunities available to
181 ex-offenders in a manner that preserves and protects serves to
182 preserve and protect the health, safety, and welfare of the
183 general public, yet encourages ex-offenders them to become
184 productive members of society. To this end, state agencies that
185 exercise regulatory authority are in the best position to
186 identify all restrictions on employment imposed by the agencies
187 or by boards that regulate professions and occupations and are
188 obligated to protect the health, safety, and welfare of the
189 general public by clearly setting forth those restrictions in
190 keeping with statutory standards and protections determined by
191 the agencies to be in the least restrictive manner.
192 (2) Beginning March 1, 2025, and annually thereafter, each
193 state agency, including, but not limited to, those state
194 agencies responsible for issuing licenses, permits, or
195 certifications to pursue, practice, or engage in an occupation,
196 a trade, a vocation, a profession, or a business must post and
197 maintain publicly on its website professional and occupational
198 regulatory boards, shall ensure the appropriate restrictions
199 necessary to protect the overall health, safety, and welfare of
200 the general public are in place, and by December 31, 2011, and
201 every 4 years thereafter, submit to the Governor, the President
202 of the Senate, and the Speaker of the House of Representatives a
203 report that includes all of the following:
204 (a) The total number of applications received by the state
205 agency in the previous calendar year for a license, permit, or
206 certification from applicants who had a prior conviction, or any
207 other adjudication, for a crime A list of all agency or board
208 statutes or rules that disqualify from employment or licensure
209 persons who have been convicted of a crime and have completed
210 any incarceration and restitution to which they have been
211 sentenced for such crime.
212 (b) Out of the number of applications received in paragraph
213 (a), the number of times the state agency denied, withheld, or
214 refused to grant an application because of an applicant’s prior
215 conviction, or any other adjudication, of a crime. The report
216 must also specify the crimes on which each decision to deny,
217 withhold, or refuse to grant an application for a license,
218 permit, or certification was based A determination of whether
219 the disqualifying statutes or rules are readily available to
220 prospective employers and licensees.
221 (c) Out of the number of applications received in paragraph
222 (a), the number of times the state agency granted an application
223 in which the applicant had a prior conviction, or any other
224 adjudication, of a crime. The report must also specify the
225 crimes in such applications which were not used as a basis for
226 denial The identification and evaluation of alternatives to the
227 disqualifying statutes or rules which protect the health,
228 safety, and welfare of the general public without impeding the
229 gainful employment of ex-offenders.
230 (d) The information provided by the state agency under
231 paragraphs (a), (b), and (c), broken down by the specific type
232 of application submitted and the types of licenses, permits, or
233 certifications sought, including if the applicant is a resident
234 of the state or is an out-of-state resident.
235 (e) Any other information or data the state agency deems
236 relevant in fulfilling its purpose under this section.
237 (3) For the purposes of this section, the term “conviction”
238 means a determination of guilt which is the result of a plea or
239 trial, regardless of whether adjudication is withheld.
240 Section 3. Subsection (3) of section 120.60, Florida
241 Statutes, is amended, and subsection (8) is added to that
242 section, to read:
243 120.60 Licensing.—
244 (3)(a) Each applicant must shall be given written notice,
245 personally or by mail, that the agency intends to grant or deny,
246 or has granted or denied, the application for license; however,
247 if the agency intends to deny the application for license based
248 upon a person’s prior conviction for a crime pursuant to s.
249 112.011, the agency must first provide the applicant with
250 written notice of the agency’s intention as stated in paragraph
251 (b). The notice required by this paragraph must state with
252 particularity the grounds or basis for the issuance or denial of
253 the license, except when issuance is a ministerial act. Unless
254 waived, a copy of the notice must shall be delivered or mailed
255 to each party’s attorney of record and to each person who has
256 made a written request for notice of agency action. Each notice
257 must inform the recipient of the basis for the agency decision,
258 inform the recipient of any administrative hearing pursuant to
259 ss. 120.569 and 120.57 or judicial review pursuant to s. 120.68
260 which may be available, indicate the procedure that must be
261 followed, and state the applicable time limits. The issuing
262 agency shall certify the date the notice was mailed or
263 delivered, and the notice and the certification must be filed
264 with the agency clerk.
265 (b)1. The agency may deny an application for license based
266 upon a person’s prior conviction for a crime consistent with s.
267 112.011 only if the agency provides the applicant with written
268 notice, in person or by mail, of its intention to deny the
269 application. The notice must state with particularity the
270 grounds or the basis for the agency’s intention to deny the
271 license. The notice must inform the recipient that, before the
272 denial becomes final, he or she may provide a rebuttal with
273 additional evidence of mitigating circumstances or
274 rehabilitation, including written support provided by character
275 witnesses. Pursuant to subsection (1), the agency must allow the
276 applicant at least 30 days to provide a rebuttal before issuing
277 a decision on the application for license. A copy of the notice
278 must be delivered or mailed to each party’s attorney of record,
279 if applicable, and to each person who has made a written request
280 for notice of agency action. The agency shall certify the date
281 the notice was delivered or mailed, and the notice and the
282 certification must be filed with the agency clerk.
283 2. The agency shall provide written notification of its
284 decision on the application for license within 60 days after the
285 deadline for submitting a rebuttal. If the agency denies or
286 intends to deny the application for license, the agency must
287 specify the clear and convincing evidence on which the agency
288 based its determination. The agency’s decision is
289 administratively reviewable pursuant to ss. 120.569 and 120.57
290 and judicially reviewable pursuant to s. 120.68. The
291 notification must indicate the procedure and applicable time
292 limits that must be followed to seek administrative review, and
293 must state the earliest date that the applicant may submit
294 another application for license. A copy of the notice must be
295 delivered or mailed to each party’s attorney of record, if
296 applicable, and to each person who has made a written request
297 for notice of agency action. The agency shall certify the date
298 the notice was mailed or delivered, and the notice and the
299 certification must be filed with the agency clerk.
300 (8) Notwithstanding any other law, before formally denying
301 an application for a license, a state agency must give the
302 applicant 21 days to withdraw the application from
303 consideration. Such withdrawal may not be considered as an
304 adverse regulatory action in any future application. Notice of
305 the right to withdraw may be given in conjunction with other
306 notices of rights pursuant to this chapter.
307 Section 4. Subsection (4) of section 310.071, Florida
308 Statutes, is amended to read:
309 310.071 Deputy pilot certification.—
310 (4) The board must follow the requirements in s. 112.011(2)
311 before Notwithstanding s. 112.011 or any other provision of law
312 relating to the restoration of civil rights, an applicant may
313 shall be disqualified from applying for or and shall be denied a
314 deputy pilot certificate if the applicant, regardless of
315 adjudication, has ever been found guilty of, or pled guilty or
316 nolo contendere to, a charge which was:
317 (a) A felony or first degree misdemeanor which directly
318 related to the navigation or operation of a vessel; or
319 (b) A felony involving the sale of or trafficking in, or
320 conspiracy to sell or traffic in, a controlled substance as
321 defined by chapter 893, or an offense under the laws of any
322 state or country which, if committed in this state, would
323 constitute the felony of selling or trafficking in, or
324 conspiracy to sell or traffic in, such controlled substance.
325 Section 5. Subsections (3) and (11) of section 455.213,
326 Florida Statutes, are amended to read:
327 455.213 General licensing provisions.—
328 (3)(a) Notwithstanding any other law, the applicable board
329 shall use the process in s. 112.011(2) this subsection for
330 review of an applicant’s criminal record to determine his or her
331 eligibility for licensure as:
332 1. A barber under chapter 476;
333 2. A cosmetologist or cosmetology specialist under chapter
334 477;
335 3. Any of the following construction professions under
336 chapter 489:
337 a. Air-conditioning contractor;
338 b. Electrical contractor;
339 c. Mechanical contractor;
340 d. Plumbing contractor;
341 e. Pollutant storage systems contractor;
342 f. Roofing contractor;
343 g. Sheet metal contractor;
344 h. Solar contractor;
345 i. Swimming pool and spa contractor;
346 j. Underground utility and excavation contractor; or
347 k. Other specialty contractors; or
348 4. Any other profession for which the department issues a
349 license, provided the profession is offered to inmates in any
350 correctional institution or correctional facility as vocational
351 training or through an industry certification program.
352 (b)1. A conviction, or any other adjudication, for a crime
353 more than 5 years before the date the application is received by
354 the applicable board may not be grounds for denial of a license
355 specified in paragraph (a). For purposes of this paragraph, the
356 term “conviction” means a determination of guilt that is the
357 result of a plea or trial, regardless of whether adjudication is
358 withheld. This paragraph does not limit the applicable board
359 from considering an applicant’s criminal history that includes a
360 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
361 only if such criminal history has been found to relate to the
362 practice of the applicable profession.
363 2. The applicable board may consider the criminal history
364 of an applicant for licensure under subparagraph (a)3. if such
365 criminal history has been found to relate to good moral
366 character.
367 (c)1. A person may apply for a license before his or her
368 lawful release from confinement or supervision. The department
369 may not charge an applicant an additional fee for being confined
370 or under supervision. The applicable board may not deny an
371 application for a license solely on the basis of the applicant’s
372 current confinement or supervision.
373 2. After a license application is approved, the applicable
374 board may stay the issuance of a license until the applicant is
375 lawfully released from confinement or supervision and the
376 applicant notifies the applicable board of such release. The
377 applicable board must verify the applicant’s release with the
378 Department of Corrections before it issues a license.
379 3. If an applicant is unable to appear in person due to his
380 or her confinement or supervision, the applicable board must
381 allow permit the applicant to appear by teleconference or video
382 conference, as appropriate, at any meeting of the applicable
383 board or other hearing by the agency concerning his or her
384 application.
385 4. If an applicant is confined or under supervision, the
386 Department of Corrections and the applicable board must shall
387 cooperate and coordinate to facilitate the appearance of the
388 applicant at a board meeting or agency hearing in person, by
389 teleconference, or by video conference, as appropriate.
390 (c)(d) Each applicable board shall compile a list of crimes
391 that, if committed and regardless of adjudication, do not relate
392 to the practice of the profession or the ability to practice the
393 profession and do not constitute grounds for denial of a
394 license. This list must be made available on the department’s
395 website and updated annually. Beginning October 1, 2019, each
396 applicable board shall compile a list of crimes that although
397 reported by an applicant for licensure, were not used as a basis
398 for denial. The list must identify for each such license
399 application the crime reported and the date of conviction and
400 whether there was a finding of guilt, a plea, or an adjudication
401 entered or the date of sentencing.
402 (d)(e) Each applicable board shall compile a list of crimes
403 that have been used as a basis for denial of a license in the
404 past 2 years and shall make the list available on the
405 department’s website. Starting October 1, 2019, and updated
406 quarterly thereafter, the applicable board shall compile a list
407 indicating each crime used as a basis for denial. For each crime
408 listed, the applicable board shall must identify the date of
409 conviction, finding of guilt, plea, or adjudication entered, or
410 date of sentencing. Such denials must be made available to the
411 public upon request.
412 (11) For any profession requiring fingerprints as part of
413 the registration, certification, or licensure process or for any
414 profession requiring a criminal history record check to
415 determine good moral character, the fingerprints of the
416 applicant must accompany all applications for registration,
417 certification, or licensure. The fingerprints must shall be
418 forwarded to the Division of Criminal Justice Information
419 Systems within the Department of Law Enforcement for processing
420 to determine whether the applicant has a criminal history
421 record. The fingerprints must shall also be forwarded to the
422 Federal Bureau of Investigation to determine whether the
423 applicant has a criminal history record. The information
424 obtained by the processing of the fingerprints by the Department
425 of Law Enforcement and the Federal Bureau of Investigation must
426 shall be sent to the department to determine whether the
427 applicant is statutorily qualified for registration,
428 certification, or licensure.
429 Section 6. Paragraph (a) of subsection (3) of section
430 562.13, Florida Statutes, is amended to read:
431 562.13 Employment of minors or certain other persons by
432 certain vendors prohibited; exceptions.—
433 (3)(a) It is unlawful for any vendor licensed under the
434 beverage law to employ as a manager or person in charge or as a
435 bartender any person:
436 1. Who has been convicted within the last past 5 years of
437 any offense against the beverage laws of this state, the United
438 States, or any other state.
439 2. Who has been convicted within the last past 5 years in
440 this state or any other state or the United States of soliciting
441 for prostitution, pandering, letting premises for prostitution,
442 keeping a disorderly place, or any felony violation of chapter
443 893 or the controlled substances act of any other state or the
444 Federal Government.
445 3. Who has, in the last past 5 years, been convicted of any
446 felony in this state, any other state, or the United States.
447
448 The term “conviction” shall include an adjudication of guilt on
449 a plea of guilty or nolo contendere or forfeiture of a bond when
450 such person is charged with a crime.
451 Section 7. Subsection (9) of section 626.207, Florida
452 Statutes, is amended to read:
453 626.207 Disqualification of applicants and licensees;
454 penalties against licensees; rulemaking authority.—
455 (9) Section 112.011(2) applies 112.011 does not apply to
456 any applicants for licensure under the Florida Insurance Code,
457 including, but not limited to, agents, agencies, adjusters,
458 adjusting firms, or customer representatives.
459 Section 8. Subsection (7) of section 648.34, Florida
460 Statutes, is amended to read:
461 648.34 Bail bond agents; qualifications.—
462 (7) Section 112.011(2) applies The provisions of s. 112.011
463 do not apply to bail bond agents or to applicants for licensure
464 as bail bond agents.
465 Section 9. This act shall take effect July 1, 2024.
466
467 ================= T I T L E A M E N D M E N T ================
468 And the title is amended as follows:
469 Delete everything before the enacting clause
470 and insert:
471 A bill to be entitled
472 An act relating to use of criminal history in
473 licensing; amending s. 112.011, F.S.; defining terms;
474 prohibiting the denial of a license, permit, or
475 certification because of an arrest for a crime not
476 followed by a conviction; authorizing a state agency
477 to defer a decision on an application for a license,
478 permit, or certification pending the resolution of
479 criminal charges against the applicant; revising the
480 circumstances under which a state agency may deny an
481 application for a license, permit, or certification by
482 reason of a prior conviction for a crime; providing
483 the circumstances and mitigating factors that an
484 agency must consider to determine whether granting a
485 license, permit, or certification to a person would
486 pose a direct and substantial risk to public safety;
487 requiring a state agency to provide an applicant with
488 a certain written notification to deny his or her
489 application for a license, permit, or certification on
490 the basis of a prior conviction; authorizing a person
491 to apply to a state agency at any time for a decision
492 as to whether his or her prior conviction disqualifies
493 him or her from obtaining a license, permit, or
494 certification; requiring the state agency to review
495 the application according to specified procedures and
496 make a certain determination; providing that a
497 decision that the person is not disqualified for a
498 specified license, permit, or certification is binding
499 on the agency unless certain conditions exist;
500 authorizing a state agency to charge a specified fee;
501 requiring the state to credit such fee for certain
502 applicants; requiring the agency to advise the person
503 of any actions he or she may take to remedy a
504 disqualification; authorizing a person to submit a
505 revised application reflecting completion of certain
506 actions before a deadline the state agency sets in its
507 decision on the initial application; making technical
508 changes; amending s. 112.0111, F.S.; revising
509 legislative intent; revising state agency reporting
510 requirements; defining the term “conviction”; amending
511 s. 120.60, F.S.; requiring an agency to provide
512 applicants with certain written notice if the agency
513 intends to base its denial of an application for a
514 license on a prior conviction; providing requirements
515 for such notice; authorizing an applicant to submit a
516 rebuttal; requiring the agency to provide written
517 notice of its decision within a specified timeframe
518 after the deadline to submit such rebuttal; providing
519 that such decision is administratively and judicially
520 reviewable; providing requirements for notice of such
521 decision; requiring agencies to allow certain
522 applicants to withdraw their application from
523 consideration within a specified timeframe; providing
524 that such withdrawal is not adverse regulatory action;
525 authorizing notice of withdrawal to be given in
526 conjunction with other notices provided to the
527 applicant; making technical changes; amending ss.
528 310.071, 455.213, 562.13, 626.207, and 648.34, F.S.;
529 conforming provisions to changes made by the act;
530 providing an effective date.