HB 1259 2022
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hb1259-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to criminal history information; 2
amending s. 455.213, F.S.; prohibiting an applicable 3
board from inquiring into, or considering the 4
conviction history of, an applicant for licensure 5
until it is determined that such applicant is 6
otherwise qualified; revising professions for 7
licensure eligibility; removing a provision relating 8
to licensure of other professions offered to certain 9
inmates under certain circumstances; prohibiting the 10
use of a conviction, or other adjudication, for a 11
crime before the date an application is received as 12
being grounds for denial of licensure; authorizing an 13
applicable board to consider an applicant's criminal 14
history that includes certain crimes only if such 15
criminal history directly relates to the practice of 16
the applicable profession; prohibiting the use, 17
distribution, and dissemination of specified criminal 18
history records; removing a provision authorizing an 19
applicable board to consider an applicant's criminal 20
history if such history has been found to relate to 21
good moral character; prohibiting the applicable board 22
from denying an application for the licensure of an 23
applicant based solely or in part on a prior felony 24
conviction; providing requirements for determining if 25
HB 1259 2022
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hb1259-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
such felony conviction directly relates to the 26
practice of the applicable profession; providing 27
requirements if the applicable board intends to deny 28
an application for licensure based solely or in part 29
on the applicant's prior felony conviction; amending 30
s. 943.059, F.S.; providing for the court -ordered 31
sealing of certain records that were automatically 32
sealed by the Department of Law Enforcement under 33
specified circumstances; providing an effective date. 34
35
Be It Enacted by the Legislature of the State of Florida: 36
37
Section 1. Paragraphs (b) thro ugh (e) of subsection (3) of 38
section 455.213, Florida Statutes, are redesignated as 39
paragraphs (c) through (f), respectively, paragraph (a) and 40
present paragraph (b) of that subsection are amended, and new 41
paragraphs (b) and (g) are added to that subsectio n, to read: 42
455.213 General licensing provisions. — 43
(3)(a) Notwithstanding any other law, the applicable board 44
shall use the process in this subsection for review of an 45
applicant's criminal record to determine his or her eligibility 46
for licensure. as: 47
(b) The applicable board may not inquire into, or consider 48
the conviction history of, an applicant for licensure until the 49
applicant is determined to be otherwise qualified for licensure. 50
HB 1259 2022
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hb1259-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. A barber under chapter 476; 51
2. A cosmetologist or cosmetolo gy specialist under chapter 52
477; 53
3. Any of the following construction professions under 54
chapter 489: 55
a. Air-conditioning contractor; 56
b. Electrical contractor; 57
c. Mechanical contractor; 58
d. Plumbing contractor; 59
e. Pollutant storage systems contra ctor; 60
f. Roofing contractor; 61
g. Sheet metal contractor; 62
h. Solar contractor; 63
i. Swimming pool and spa contractor; 64
j. Underground utility and excavation contractor; or 65
k. Other specialty contractors; or 66
4. Any other profession for which the department issues a 67
license, provided the profession is offered to inmates in any 68
correctional institution or correctional facility as vocational 69
training or through an industry certification program. 70
(c)(b)1. A conviction, or any other adjudication, for a 71
crime more than 5 years before the date the application is 72
received by the applicable board may not be grounds for denial 73
of a license specified in paragraph (a) . For purposes of this 74
paragraph, the term "conviction" means a determination of guilt 75
HB 1259 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
that is the result of a plea or trial, regardless of whether 76
adjudication is withheld. This paragraph does not limit the 77
applicable board from considering an applicant's criminal 78
history that includes a crime listed in s. 775.21(4)(a)1. or s. 79
776.08 at any time, but only if such criminal history has been 80
found to relate to the practice of the applicable profession. 81
2. Notwithstanding subparagraph 1., the following criminal 82
history may not be used, distributed, or disseminated by the 83
state, its agents, or polit ical subdivisions in connection with 84
an application for licensure: 85
a. An arrest without a valid conviction. 86
b. Convictions that have been sealed, dismissed, or 87
expunged. 88
c. Misdemeanor convictions without incarceration. 89
d. Noncriminal infractions. 90
2. The applicable board may consider the criminal history 91
of an applicant for licensure under subparagraph (a)3. if such 92
criminal history has been found to relate to good moral 93
character. 94
(g) The applicable board may not deny an application for 95
licensure solely or in part on the basis of an applicant's prior 96
felony conviction unless such conviction directly relates to the 97
practice of the applicable profession for which licensure is 98
sought or held. 99
1. In determining if a felony conviction directly rela tes 100
HB 1259 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to the practice of the applicable profession for which licensure 101
is sought or held, the applicable board shall consider: 102
a. The nature and seriousness of the conviction. 103
b. Whether the conviction directly relates to the practice 104
of the applicable profession for which licensure is sought or 105
held. 106
c. Whether the duties and responsibilities of the 107
profession provide the opportunity for the same or a similar 108
offense to occur. 109
d. Whether circumstances that led to the offense for which 110
the applicant was convicted will recur in the profession. 111
e. The age of the applicant at the time the felony was 112
committed. 113
f. The length of time since the conviction. 114
g. All circumstances relative to the felony, including, 115
but not limited to, mitigating circumstan ces or social 116
conditions surrounding the commission of the felony. 117
h. Evidence of mitigation or rehabilitation and the 118
applicant's current ability to practice the profession 119
competently in accordance with the actual practice of the 120
profession. 121
2. If the applicable board intends to deny an application 122
for licensure solely or in part on the basis of the applicant's 123
prior felony conviction, the board shall notify the applicant in 124
writing of all of the following before making a final decision: 125
HB 1259 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a. The reasons for the potential denial. 126
b. A copy of any criminal history record. 127
c. Examples of evidence of mitigation or rehabilitation 128
and the current ability to practice the profession competently 129
in accordance with the actual practice of the profession that 130
the applicant may voluntarily provide. 131
(I) An applicant, who has been convicted of an offense 132
that directly relates to the practice of the applicable 133
profession for which licensure is sought, may not be denied 134
licensure if he or she can show evidenc e of mitigation or 135
rehabilitation and the current ability to practice the 136
profession competently in accordance with the actual practice of 137
the profession. 138
(II) The applicant shall have 10 business days after 139
issuance of the notice to respond with any information, 140
including challenging the accuracy of the information and 141
submitting evidence of mitigation or rehabilitation and his or 142
her current ability to practice the profession competently in 143
accordance with the actual practice of the profession. 144
(III) Evidence of mitigation or rehabilitation and the 145
applicant's current ability to practice the profession 146
competently in accordance with the actual practice of the 147
profession may be established by: 148
(A) Proof of the applicant's compliance with the terms and 149
conditions of probation or parole; or 150
HB 1259 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(B) Other evidence, including, but not limited to, letters 151
of reference or program or education certificates. 152
(IV) If an applicable board denies an application for 153
licensure solely or in part on the basis of th e applicant's 154
prior felony conviction, the applicable board shall notify the 155
applicant in writing of all of the following: 156
(A) Final denial. 157
(B) An appeals process. 158
(C) Eligibility for other licenses or professions. 159
(D) Earliest date the applicant may reapply for a license. 160
Section 2. Paragraph (f) is added to subsection (1), of 161
section 943.059, Florida Statutes, paragraph (b) of subsection 162
(2) of that section is redesignated as paragraph (c), a new 163
paragraph (b) is added to that subsection, and a new subsection 164
(7) is added to that section, to read: 165
943.059 Court-ordered sealing of criminal history 166
records.— 167
(1) ELIGIBILITY.—A person is eligible to petition a court 168
to seal a criminal history record when: 169
(f) Notwithstanding paragraphs (b) and (e), if a criminal 170
history record has been automatically sealed pursuant to s. 171
943.0595, and the subject of the sealed record presents a record 172
of the sealing by the department under paragraph (2)(b) to the 173
court, the court shall grant the sealing of t he criminal history 174
record. 175
HB 1259 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) CERTIFICATE OF ELIGIBILITY. —Before petitioning the 176
court to seal a criminal history record, a person seeking to 177
seal a criminal history record must apply to the department for 178
a certificate of eligibility for sealing. The department shall 179
adopt rules relating to the application for and issuance of 180
certificates of eligibility for sealing. 181
(b) Notwithstanding paragraph (a), the department shall 182
also issue a certificate of eligibility for sealing to a person 183
who is the subject of a criminal history record that has been 184
sealed by the department pursuant to s. 943.0595. This 185
certificate shall indicate that the record has been sealed by 186
the department and is only valid for court -ordered sealing under 187
subsection (7) of a record a lready sealed pursuant to s. 188
943.0595. 189
(7) RECORDS SEALED BY DEPARTMENT OF LAW ENFORCEMENT. — 190
(a) If a criminal history record has been automatically 191
sealed pursuant to s. 943.0595, the subject of the record may 192
petition the court by presenting to the c ourt the department 193
record described in paragraph (2)(b). 194
(b) If the subject of the record meets the eligibility 195
criteria in subsection (1) and presents the court with a record 196
of sealing by the department under paragraph (2)(b), the court 197
shall grant the sealing of the criminal history record. 198
Section 3. This act shall take effect July 1, 2022. 199