Florida 2023 Regular Session

Florida House Bill H1443 Compare Versions

Only one version of the bill is available at this time.
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1010 FL 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
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1414 A bill to be entitled 1
1515 An act relating to disqualification from licensing, 2
1616 permitting, or certification based on criminal 3
1717 conviction; amending s. 112.011, F.S.; providing that 4
1818 an application for a license, permit, or certification 5
1919 may only be denied based on the applicant's crim inal 6
2020 record under certain circumstances; requiring a state 7
2121 agency to consider certain factors in determining 8
2222 whether an applicant for a license, permit, or 9
2323 certification has been rehabilitated; requiring a 10
2424 state agency to follow certain procedures if it is 11
2525 denying an application for a license, permit, or 12
2626 certification based on the applicant's criminal 13
2727 record; authorizing a person with a criminal record to 14
2828 petition a state agency at any time for a 15
2929 determination as to whether the person is disqualified 16
3030 from obtaining a license, permit, or certification; 17
3131 providing requirements for a state agency in making 18
3232 such determination; providing that certain decisions 19
3333 by a state agency are binding; requiring a state 20
3434 agency to advise applicants how to remedy 21
3535 disqualifications; authorizing a person to submit a 22
3636 new petition after a specified time; authorizing a 23
3737 state agency to charge a fee; prohibiting the use of 24
3838 certain terms by a state agency; amending s. 112.0111, 25
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4747 FL 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
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5151 F.S.; revising legislative intent; revising state 26
5252 agency reporting requirements; amending ss. 310.071 27
5353 455.213, 494.0011, 517.1611, 559.554, 626.207, 28
5454 626.9954, and 648.34, F.S.; conforming provisions to 29
5555 changes made by the act; providing an effective date. 30
5656 31
5757 Be It Enacted by the Legislature of the State of Flori da: 32
5858 33
5959 Section 1. Subsections (2) and (3) of section 112.011, 34
6060 Florida Statutes, are renumbered as subsections (3) and (4), 35
6161 respectively, subsection (1) of that section is amended, and a 36
6262 new subsection (2) is added to that section, to read: 37
6363 112.011 Disqualification from licensing , permitting, or 38
6464 certification and public employment based on criminal 39
6565 conviction.— 40
6666 (1)(a) Except as provided in s. 775.16, a person may not 41
6767 be disqualified from employment by the state, any of its 42
6868 agencies or political subdivi sions, or any municipality solely 43
6969 because of a prior conviction for a crime. However, a person may 44
7070 be denied employment by the state, any of its agencies or 45
7171 political subdivisions, or any municipality by reason of the 46
7272 prior conviction for a crime if the cr ime was a felony or first -47
7373 degree misdemeanor and directly related to the position of 48
7474 employment sought. 49
7575 (2)(a)(b) Notwithstanding any other provision of law 50
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8484 FL 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
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8888 Except as provided in s. 775.16 , a person may be denied a 51
8989 license, permit, or certification to pu rsue, practice, or engage 52
9090 in an occupation, trade, vocation, profession, or business by 53
9191 reason of the prior conviction for a crime only if all of the 54
9292 following apply: 55
9393 1. The crime was: 56
9494 a. A forcible felony as defined in s. 776.08; 57
9595 b. A felony or first-degree misdemeanor for which the 58
9696 person was not incarcerated for the offense and was convicted 59
9797 less than 3 years before a state agency considers his or her 60
9898 application for a license, permit, or certification; or 61
9999 c. A felony or first -degree misdemeanor for which the 62
100100 person was incarcerated for the offense and his or her 63
101101 incarceration ended less than 3 years before a state agency 64
102102 considers his or her application for a license, permit, or 65
103103 certification. 66
104104 2. The conviction directly and specifically relates to the 67
105105 duties and responsibilities of the occupation, trade, vocation, 68
106106 profession, or business for which the license, permit, or 69
107107 certification is sought. 70
108108 3. Granting the license, permit, or certification would 71
109109 pose a direct and substantial risk to publi c safety because 72
110110 there is clear and convincing evidence that the person has not 73
111111 been rehabilitated to safely perform the duties and 74
112112 responsibilities of the that is directly related to the 75
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121121 FL 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
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125125 standards determined by the regulatory authority to be necessary 76
126126 and reasonably related to the protection of the public health, 77
127127 safety, and welfare for the specific occupation, trade, 78
128128 vocation, profession, or business for which the license, permit, 79
129129 or certificate is sought. 80
130130 (b)(c) Notwithstanding any law to the contrary, a state 81
131131 agency may not deny an application for a license, permit, 82
132132 certificate, or employment based solely on the applicant's lack 83
133133 of civil rights. However, this paragraph does not apply to 84
134134 applications for a license to carry a concealed weapon or 85
135135 firearm under chapter 790. 86
136136 (c) In making a determination to whether a person has or 87
137137 has not been rehabilitated as required under paragraph (a) in 88
138138 order to grant a license, permit, or certification, a state 89
139139 agency must consider the person's current circumstances and 90
140140 mitigating factors, including all of the following factors: 91
141141 1. The age of the person when he or she committed the 92
142142 offense. 93
143143 2. The amount of time that has elapsed since the person 94
144144 committed the offense. 95
145145 3. The circumstances surrounding and the nature of the 96
146146 offense. 97
147147 4. If the person completed his or her criminal sentence. 98
148148 5. If the person received a certificate of rehabilitation 99
149149 or good conduct. 100
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158158 FL 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
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162162 6. If the person completed or is an active participant in 101
163163 a rehabilitative drug or alcohol prog ram. 102
164164 7. Any testimonials or recommendations, including progress 103
165165 reports from the person's probation or parole officer. 104
166166 8. Any education and training the person has received. 105
167167 9. The person's past employment history and his or her 106
168168 aspirations. 107
169169 10. The person's family responsibilities. 108
170170 11. If the occupation, trade, vocation, profession, or 109
171171 business for which the person seeks employment requires him or 110
172172 her to be bonded. 111
173173 12. Any other evidence of rehabilitation or information 112
174174 that the person submits to the state agency. 113
175175 (d) A state agency may only deny an application for a 114
176176 license, permit, or certification to pursue, practice, or engage 115
177177 in an occupation, trade, vocation, profession, or business based 116
178178 on a person's criminal record if the state agency does all of 117
179179 the following: 118
180180 1. The state agency must notify the person of its 119
181181 intention to deny the application and request an informal 120
182182 meeting with the person, which the person may attend in person, 121
183183 by teleconference, or by video conference, regarding h is or her 122
184184 application. Such notice must be provided in accordance with s. 123
185185 120.60(3) and inform the person that he or she may bring 124
186186 character witnesses to the informal meeting to offer verbal or 125
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195195 FL 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
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199199 written support of the person. 126
200200 2. The state agency must hold the informal meeting within 127
201201 60 days after receiving the person's completed application for a 128
202202 license, permit, or certification. The state agency may not make 129
203203 an adverse inference if the person does not attend an informal 130
204204 meeting or does not bring witnesse s to the meeting. 131
205205 3. The state agency must provide written notification to 132
206206 the person, in accordance with s. 120.60(3), of its decision 133
207207 within 60 days after the informal meeting or receipt of a 134
208208 completed application, whichever is later. If the state agen cy 135
209209 denies or intends to deny the application for a license, permit, 136
210210 or certification, the written notice must specify the clear and 137
211211 convincing evidence the agency relied on to determine that the 138
212212 person has not been rehabilitated to safely perform the dutie s 139
213213 and responsibilities of the specific occupation, trade, 140
214214 vocation, profession, or business for which the license, permit, 141
215215 or certification is sought. Such notification must include the 142
216216 procedures and applicable time limits for the person to seek an 143
217217 administrative review of the agency's decision. The agency's 144
218218 decision may only be administratively reviewed pursuant to ss. 145
219219 120.569 and 120.57. 146
220220 (e)1. Notwithstanding any law to the contrary, a person 147
221221 with a criminal record may petition a state agency at any ti me, 148
222222 including while in confinement, under supervision, or before 149
223223 obtaining any required qualifications for a license, permit, or 150
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232232 FL 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
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236236 certification, for a decision as to whether the person's 151
237237 criminal record will disqualify the person from obtaining the 152
238238 license, permit, or certification. The person must include in 153
239239 the petition his or her criminal record or authorize the state 154
240240 agency to obtain his or her criminal record. In reviewing the 155
241241 petition, the state agency must determine if granting the 156
242242 license, permit, or certification to such person would pose a 157
243243 direct and substantial risk to public safety because there is 158
244244 clear and convincing evidence that the person has not been 159
245245 rehabilitated to safely perform the duties and responsibilities 160
246246 of the specific occupation, trade, vocation, profession, or 161
247247 business for which the license, permit, or certification is 162
248248 sought. The state agency must follow the procedures in paragraph 163
249249 (d) when reviewing and making a decision on the petition. 164
250250 2. If a state agency determines under s ubparagraph 1. that 165
251251 a person is not disqualified for a license, permit, or 166
252252 certification, such decision is binding on the state agency in 167
253253 any later ruling on the person's application for a license, 168
254254 permit, or certification unless there is a material and ad verse 169
255255 change that directly and specifically relates to the person's 170
256256 criminal record. 171
257257 3. If a state agency determines under subparagraph 1. that 172
258258 a person is disqualified for a license, permit, or 173
259259 certification, the state agency must advise the person of a ny 174
260260 actions the person may take to remedy the disqualification. The 175
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269269 FL 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
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273273 person may submit a revised petition reflecting completion of 176
274274 the remedial actions before the deadline set by the state agency 177
275275 in its final judgment. 178
276276 4. A person may not submit a new petition to the state 179
277277 agency until at least 1 year after a final judgment on the 180
278278 initial petition is rendered or the person obtains the required 181
279279 qualifications for the license, permit, or certification, 182
280280 whichever is earlier. 183
281281 5. A state agency may charge a fee not to exceed $50 per 184
282282 petition for reviewing petitions under this paragraph. 185
283283 (f) Notwithstanding any law to the contrary, a state 186
284284 agency may not use vague terms such as good moral character, 187
285285 moral turpitude, or character and fitness in its decision to 188
286286 disqualify a person from receiving a license, permit, or 189
287287 certification based on the person's criminal record. 190
288288 Section 2. Section 112.0111, Florida Statutes, is amended 191
289289 to read: 192
290290 112.0111 Restrictions on the employment of ex -offenders; 193
291291 legislative intent; state agency reporting requirements. — 194
292292 (1) The Legislature declares that a goal of this state is 195
293293 to clearly identify the occupations from which ex -offenders are 196
294294 disqualified based on the nature of their offenses. The 197
295295 Legislature seeks to make employment opportunities available to 198
296296 ex-offenders in a manner that serves to preserve and protect the 199
297297 health, safety, and welfare of the general public, yet 200
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306306 FL 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
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310310 encourages them to become productive members of society. To this 201
311311 end, state agencies that exercise reg ulatory authority are in 202
312312 the best position to identify all restrictions on employment 203
313313 imposed by the agencies or by boards that regulate professions 204
314314 and occupations and are obligated to protect the health, safety, 205
315315 and welfare of the general public by clearly setting forth those 206
316316 restrictions in keeping with statutory standards and protections 207
317317 determined by the agencies to be in the least restrictive 208
318318 manner. 209
319319 (2) Annually, each state agency, including, but not 210
320320 limited to, those state agencies responsible for issuing 211
321321 licenses, permits, or certifications to pursue, practice, or 212
322322 engage in an occupation, trade, vocation, profession, or 213
323323 business must professional and occupational regulatory boards, 214
324324 shall ensure the appropriate restrictions necessary to protect 215
325325 the overall health, safety, and welfare of the general public 216
326326 are in place, and by December 31, 2011, and every 4 years 217
327327 thereafter, submit to the Governor, the President of the Senate, 218
328328 and the Speaker of the House of Representatives , and post 219
329329 publicly on its website, a report that includes: 220
330330 (a) The total number of applicants with a criminal record 221
331331 for a license, permit, or certification in the previous year 222
332332 and, out of that number, the number of times the state agency 223
333333 granted an application and denied, withh eld, or refused to renew 224
334334 an application because of the applicant's criminal history. The 225
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343343 FL 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
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347347 report must also specify the offenses for which each decision to 226
348348 deny, withhold, or refuse to renew an application for a license, 227
349349 permit, or certification was based A list of all agency or board 228
350350 statutes or rules that disqualify from employment or licensure 229
351351 persons who have been convicted of a crime and have completed 230
352352 any incarceration and restitution to which they have been 231
353353 sentenced for such crime . 232
354354 (b) The total number of applicants with a criminal record 233
355355 who petitioned the state agency under s. 112.011(2)(e) in the 234
356356 previous year and, out of that number, the number of times the 235
357357 state agency approved and denied a petition. The report must 236
358358 also specify the offenses for which each decision to approve and 237
359359 deny a petition was based A determination of whether the 238
360360 disqualifying statutes or rules are readily available to 239
361361 prospective employers and licensees . 240
362362 (c) Any other data the state agency deems relevant in 241
363363 fulfilling its purpose under this section The identification and 242
364364 evaluation of alternatives to the disqualifying statutes or 243
365365 rules which protect the health, safety, and welfare of the 244
366366 general public without impeding the gainful employment of ex -245
367367 offenders. 246
368368 Section 3. Subsection (4) of section 310.071, Florida 247
369369 Statutes, is amended to read: 248
370370 310.071 Deputy pilot certification. — 249
371371 (4) The board must follow the requirements in s. 250
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380380 FL 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
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384384 112.011(2) before Notwithstanding s. 112.011 or any other 251
385385 provision of law relating to the restoration of civil rights, an 252
386386 applicant may shall be disqualified from applying for or and 253
387387 shall be denied a deputy pilot certificate if the applicant, 254
388388 regardless of adjudication, has ever been found guilty of, or 255
389389 pled guilty or nolo contendere to, a cha rge which was: 256
390390 (a) A felony or first degree misdemeanor which directly 257
391391 related to the navigation or operation of a vessel; or 258
392392 (b) A felony involving the sale of or trafficking in, or 259
393393 conspiracy to sell or traffic in, a controlled substance as 260
394394 defined by chapter 893, or an offense under the laws of any 261
395395 state or country which, if committed in this state, would 262
396396 constitute the felony of selling or trafficking in, or 263
397397 conspiracy to sell or traffic in, such controlled substance . 264
398398 Section 4. Paragraphs (c), (d), and (e) of subsection (3) 265
399399 of section 455.213, Florida Statutes, are redesignated as 266
400400 paragraphs (b), (c), and (d), respectively, and paragraphs (a) 267
401401 and (b) of subsection (3) and subsection (11) of that section 268
402402 are amended, to read: 269
403403 455.213 General licensing provisions.— 270
404404 (3)(a) Notwithstanding any other law, the applicable board 271
405405 shall use the process in s. 112.011(2) this subsection for 272
406406 review of an applicant's criminal record to determine his or her 273
407407 eligibility for a license, permit, or certificatio n. licensure 274
408408 as: 275
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417417 FL 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
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421421 1. A barber under chapter 476; 276
422422 2. A cosmetologist or cosmetology specialist under chapter 277
423423 477; 278
424424 3. Any of the following construction professions under 279
425425 chapter 489: 280
426426 a. Air-conditioning contractor; 281
427427 b. Electrical contractor; 282
428428 c. Mechanical contractor; 283
429429 d. Plumbing contractor; 284
430430 e. Pollutant storage systems contractor; 285
431431 f. Roofing contractor; 286
432432 g. Sheet metal contractor; 287
433433 h. Solar contractor; 288
434434 i. Swimming pool and spa contractor; 289
435435 j. Underground utility and excavation contractor; or 290
436436 k. Other specialty contractors; or 291
437437 4. Any other profession for which the department issues a 292
438438 license, provided the profession is offered to inmates in any 293
439439 correctional institution or correctional facility as vocational 294
440440 training or through an indust ry certification program. 295
441441 (b)1. A conviction, or any other adjudication, for a crime 296
442442 more than 5 years before the date the application is received by 297
443443 the applicable board may not be grounds for denial of a license 298
444444 specified in paragraph (a). For purposes of this paragraph, the 299
445445 term "conviction" means a determination of guilt that is the 300
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454454 FL 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
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458458 result of a plea or trial, regardless of whether adjudication is 301
459459 withheld. This paragraph does not limit the applicable board 302
460460 from considering an applicant's criminal hist ory that includes a 303
461461 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but 304
462462 only if such criminal history has been found to relate to the 305
463463 practice of the applicable profession. 306
464464 2. The applicable board may consider the criminal history 307
465465 of an applicant for licensure under subparagraph (a)3. if such 308
466466 criminal history has been found to relate to good moral 309
467467 character. 310
468468 (11) For any profession requiring fingerprints as part of 311
469469 the registration, certification, or licensure process or for any 312
470470 profession requiring a criminal history record check to 313
471471 determine good moral character , the fingerprints of the 314
472472 applicant must accompany all applications for registration, 315
473473 certification, or licensure. The fingerprints must shall be 316
474474 forwarded to the Division of Crimina l Justice Information 317
475475 Systems within the Department of Law Enforcement for processing 318
476476 to determine whether the applicant has a criminal history 319
477477 record. The fingerprints must shall also be forwarded to the 320
478478 Federal Bureau of Investigation to determine whethe r the 321
479479 applicant has a criminal history record. The information 322
480480 obtained by the processing of the fingerprints by the Department 323
481481 of Law Enforcement and the Federal Bureau of Investigation must 324
482482 shall be sent to the department to determine whether the 325
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491491 FL 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
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495495 applicant is statutorily qualified for registration, 326
496496 certification, or licensure. 327
497497 Section 5. Paragraph (c) of subsection (2) of section 328
498498 494.0011, Florida Statutes, is amended to read: 329
499499 494.0011 Powers and duties of the commission and office. — 330
500500 (2) The commission may adopt rules to administer parts I, 331
501501 II, and III of this chapter, including rules: 332
502502 (c) Establishing time periods during which a loan 333
503503 originator, mortgage broker, or mortgage lender license 334
504504 applicant under part II or part III is barred from licens ure due 335
505505 to prior criminal convictions of, or guilty or nolo contendere 336
506506 pleas by, any of the applicant's control persons, regardless of 337
507507 adjudication. The requirements of s. 112.011(2) apply 338
508508 1. The rules must provide: 339
509509 a. Permanent bars for felonies involving fraud, 340
510510 dishonesty, breach of trust, or money laundering; 341
511511 b. A 15-year disqualifying period for felonies involving 342
512512 moral turpitude; 343
513513 c. A 7-year disqualifying period for all other felonies; 344
514514 and 345
515515 d. A 5-year disqualifying period for misdemeanor s 346
516516 involving fraud, dishonesty, or any other act of moral 347
517517 turpitude. 348
518518 2. The rules may provide for an additional waiting period 349
519519 due to dates of imprisonment or community supervision, the 350
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528528 FL 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
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532532 commitment of multiple crimes, and other factors reasonably 351
533533 related to the applicant's criminal history. 352
534534 3. The rules may provide for mitigating factors for crimes 353
535535 identified in sub-subparagraph 1.b. However, the mitigation may 354
536536 not result in a period of disqualification less than 7 years. 355
537537 The rule may not mitigate the dis qualifying periods in sub -356
538538 subparagraphs 1.a., 1.c., and 1.d. 357
539539 4. An applicant is not eligible for licensure until the 358
540540 expiration of the disqualifying period set by rule. 359
541541 5. Section 112.011 is not applicable to eligibility for 360
542542 licensure under this part. 361
543543 Section 6. Subsection (2) of section 517.1611, Florida 362
544544 Statutes, is amended to read: 363
545545 517.1611 Guidelines. — 364
546546 (2) The commission shall adopt by rule disqualifying 365
547547 periods pursuant to which an applicant will be disqualified from 366
548548 eligibility for registr ation based upon criminal convictions, 367
549549 pleas of nolo contendere, or pleas of guilt, regardless of 368
550550 whether adjudication was withheld, by the applicant; any 369
551551 partner, member, officer, or director of the applicant or any 370
552552 person having a similar status or perfo rming similar functions; 371
553553 or any person directly or indirectly controlling the applicant. 372
554554 The requirements of s. 112.011(2) apply 373
555555 (a) The disqualifying periods shall be 15 years for a 374
556556 felony and 5 years for a misdemeanor. 375
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565565 FL 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
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569569 (b) The disqualifying periods s hall be related to crimes 376
570570 involving registration as a dealer, investment adviser, issuer 377
571571 of securities, or associated person or the application for such 378
572572 registration or involving moral turpitude or fraudulent or 379
573573 dishonest dealing. 380
574574 (c) The rules may also address mitigating factors, an 381
575575 additional waiting period based upon dates of imprisonment or 382
576576 community supervision, an additional waiting period based upon 383
577577 commitment of multiple crimes, and other factors reasonably 384
578578 related to the consideration of an appli cant's criminal history. 385
579579 (d) An applicant is not eligible for registration until 386
580580 the expiration of the disqualifying period set by rule. Section 387
581581 112.011 does not apply to the registration provisions under this 388
582582 chapter. Nothing in this section changes or amends the grounds 389
583583 for denial under s. 517.161. 390
584584 Section 7. Paragraph (b) of subsection (2) of section 391
585585 559.554, Florida Statutes, is amended to read: 392
586586 559.554 Powers and duties of the commission and office. — 393
587587 (2) The commission may adopt rules to admi nister this 394
588588 part, including rules: 395
589589 (b) Establishing time periods during which a consumer 396
590590 collection agency is barred from registration due to prior 397
591591 criminal convictions of, or guilty or nolo contendere pleas by, 398
592592 an applicant's control persons, regardless of adjudication. The 399
593593 requirements of s. 112.011(2) apply 400
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602602 FL 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
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605605
606606 1. The rules must provide: 401
607607 a. A 15-year disqualifying period for felonies involving 402
608608 fraud, dishonesty, breach of trust, money laundering, or other 403
609609 acts of moral turpitude. 404
610610 b. A 7-year disqualifying period for all other felonies. 405
611611 c. A 5-year disqualifying period for misdemeanors 406
612612 involving fraud, dishonesty, or other acts of moral turpitude. 407
613613 2. The rules must provide for an additional waiting period 408
614614 due to dates of imprisonment or community s upervision, the 409
615615 commitment of multiple crimes, and other factors reasonably 410
616616 related to the applicant's criminal history. 411
617617 3. The rules must provide for mitigating factors for 412
618618 crimes identified in sub -subparagraphs 1.a., 1.b., and 1.c. 413
619619 4. An applicant is not eligible for registration until 414
620620 expiration of the disqualifying period set by rule. 415
621621 5. Section 112.011 does not apply to eligibility for 416
622622 registration under this part. 417
623623 Section 8. Subsection (9) of section 626.207, Florida 418
624624 Statutes, is amended to read: 419
625625 626.207 Disqualification of applicants and licensees; 420
626626 penalties against licensees; rulemaking authority. — 421
627627 (9) Section 112.011(2) applies 112.011 does not apply to 422
628628 any applicants for licensure under the Florida Insurance Code, 423
629629 including, but not limited to, agents, agencies, adjusters, 424
630630 adjusting firms, or customer representatives. 425
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639639 FL 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
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643643 Section 9. Subsection (8) of section 626.9954, Florida 426
644644 Statutes, is amended to read: 427
645645 626.9954 Disqualification from registration. — 428
646646 (8) Section 112.011(2) applies 112.011 does not apply to 429
647647 an applicant for registration as a navigator. 430
648648 Section 10. Subsection (7) of section 648.34, Florida 431
649649 Statutes, is amended to read: 432
650650 648.34 Bail bond agents; qualifications. — 433
651651 (7) Section 112.011(2) applies The provisions of s. 434
652652 112.011 do not apply to bail bond agents or to applicants for 435
653653 licensure as bail bond agents. 436
654654 Section 11. This act shall take effect July 1, 2023. 437