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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
A bill to be entitled 1
An act relating to disqualification from licensing, 2
permitting, or certification based on criminal 3
conviction; amending s. 112.011, F.S.; providing that 4
an application for a license, permit, or certification 5
may only be denied based on the applicant's crim inal 6
record under certain circumstances; requiring a state 7
agency to consider certain factors in determining 8
whether an applicant for a license, permit, or 9
certification has been rehabilitated; requiring a 10
state agency to follow certain procedures if it is 11
denying an application for a license, permit, or 12
certification based on the applicant's criminal 13
record; authorizing a person with a criminal record to 14
petition a state agency at any time for a 15
determination as to whether the person is disqualified 16
from obtaining a license, permit, or certification; 17
providing requirements for a state agency in making 18
such determination; providing that certain decisions 19
by a state agency are binding; requiring a state 20
agency to advise applicants how to remedy 21
disqualifications; authorizing a person to submit a 22
new petition after a specified time; authorizing a 23
state agency to charge a fee; prohibiting the use of 24
certain terms by a state agency; amending s. 112.0111, 25
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F.S.; revising legislative intent; revising state 26
agency reporting requirements; amending ss. 310.071 27
455.213, 494.0011, 517.1611, 559.554, 626.207, 28
626.9954, and 648.34, F.S.; conforming provisions to 29
changes made by the act; providing an effective date. 30
31
Be It Enacted by the Legislature of the State of Flori da: 32
33
Section 1. Subsections (2) and (3) of section 112.011, 34
Florida Statutes, are renumbered as subsections (3) and (4), 35
respectively, subsection (1) of that section is amended, and a 36
new subsection (2) is added to that section, to read: 37
112.011 Disqualification from licensing , permitting, or 38
certification and public employment based on criminal 39
conviction.— 40
(1)(a) Except as provided in s. 775.16, a person may not 41
be disqualified from employment by the state, any of its 42
agencies or political subdivi sions, or any municipality solely 43
because of a prior conviction for a crime. However, a person may 44
be denied employment by the state, any of its agencies or 45
political subdivisions, or any municipality by reason of the 46
prior conviction for a crime if the cr ime was a felony or first -47
degree misdemeanor and directly related to the position of 48
employment sought. 49
(2)(a)(b) Notwithstanding any other provision of law 50
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Except as provided in s. 775.16 , a person may be denied a 51
license, permit, or certification to pu rsue, practice, or engage 52
in an occupation, trade, vocation, profession, or business by 53
reason of the prior conviction for a crime only if all of the 54
following apply: 55
1. The crime was: 56
a. A forcible felony as defined in s. 776.08; 57
b. A felony or first-degree misdemeanor for which the 58
person was not incarcerated for the offense and was convicted 59
less than 3 years before a state agency considers his or her 60
application for a license, permit, or certification; or 61
c. A felony or first -degree misdemeanor for which the 62
person was incarcerated for the offense and his or her 63
incarceration ended less than 3 years before a state agency 64
considers his or her application for a license, permit, or 65
certification. 66
2. The conviction directly and specifically relates to the 67
duties and responsibilities of the occupation, trade, vocation, 68
profession, or business for which the license, permit, or 69
certification is sought. 70
3. Granting the license, permit, or certification would 71
pose a direct and substantial risk to publi c safety because 72
there is clear and convincing evidence that the person has not 73
been rehabilitated to safely perform the duties and 74
responsibilities of the that is directly related to the 75
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standards determined by the regulatory authority to be necessary 76
and reasonably related to the protection of the public health, 77
safety, and welfare for the specific occupation, trade, 78
vocation, profession, or business for which the license, permit, 79
or certificate is sought. 80
(b)(c) Notwithstanding any law to the contrary, a state 81
agency may not deny an application for a license, permit, 82
certificate, or employment based solely on the applicant's lack 83
of civil rights. However, this paragraph does not apply to 84
applications for a license to carry a concealed weapon or 85
firearm under chapter 790. 86
(c) In making a determination to whether a person has or 87
has not been rehabilitated as required under paragraph (a) in 88
order to grant a license, permit, or certification, a state 89
agency must consider the person's current circumstances and 90
mitigating factors, including all of the following factors: 91
1. The age of the person when he or she committed the 92
offense. 93
2. The amount of time that has elapsed since the person 94
committed the offense. 95
3. The circumstances surrounding and the nature of the 96
offense. 97
4. If the person completed his or her criminal sentence. 98
5. If the person received a certificate of rehabilitation 99
or good conduct. 100
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6. If the person completed or is an active participant in 101
a rehabilitative drug or alcohol prog ram. 102
7. Any testimonials or recommendations, including progress 103
reports from the person's probation or parole officer. 104
8. Any education and training the person has received. 105
9. The person's past employment history and his or her 106
aspirations. 107
10. The person's family responsibilities. 108
11. If the occupation, trade, vocation, profession, or 109
business for which the person seeks employment requires him or 110
her to be bonded. 111
12. Any other evidence of rehabilitation or information 112
that the person submits to the state agency. 113
(d) A state agency may only deny an application for a 114
license, permit, or certification to pursue, practice, or engage 115
in an occupation, trade, vocation, profession, or business based 116
on a person's criminal record if the state agency does all of 117
the following: 118
1. The state agency must notify the person of its 119
intention to deny the application and request an informal 120
meeting with the person, which the person may attend in person, 121
by teleconference, or by video conference, regarding h is or her 122
application. Such notice must be provided in accordance with s. 123
120.60(3) and inform the person that he or she may bring 124
character witnesses to the informal meeting to offer verbal or 125
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written support of the person. 126
2. The state agency must hold the informal meeting within 127
60 days after receiving the person's completed application for a 128
license, permit, or certification. The state agency may not make 129
an adverse inference if the person does not attend an informal 130
meeting or does not bring witnesse s to the meeting. 131
3. The state agency must provide written notification to 132
the person, in accordance with s. 120.60(3), of its decision 133
within 60 days after the informal meeting or receipt of a 134
completed application, whichever is later. If the state agen cy 135
denies or intends to deny the application for a license, permit, 136
or certification, the written notice must specify the clear and 137
convincing evidence the agency relied on to determine that the 138
person has not been rehabilitated to safely perform the dutie s 139
and responsibilities of the specific occupation, trade, 140
vocation, profession, or business for which the license, permit, 141
or certification is sought. Such notification must include the 142
procedures and applicable time limits for the person to seek an 143
administrative review of the agency's decision. The agency's 144
decision may only be administratively reviewed pursuant to ss. 145
120.569 and 120.57. 146
(e)1. Notwithstanding any law to the contrary, a person 147
with a criminal record may petition a state agency at any ti me, 148
including while in confinement, under supervision, or before 149
obtaining any required qualifications for a license, permit, or 150
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certification, for a decision as to whether the person's 151
criminal record will disqualify the person from obtaining the 152
license, permit, or certification. The person must include in 153
the petition his or her criminal record or authorize the state 154
agency to obtain his or her criminal record. In reviewing the 155
petition, the state agency must determine if granting the 156
license, permit, or certification to such person would pose a 157
direct and substantial risk to public safety because there is 158
clear and convincing evidence that the person has not been 159
rehabilitated to safely perform the duties and responsibilities 160
of the specific occupation, trade, vocation, profession, or 161
business for which the license, permit, or certification is 162
sought. The state agency must follow the procedures in paragraph 163
(d) when reviewing and making a decision on the petition. 164
2. If a state agency determines under s ubparagraph 1. that 165
a person is not disqualified for a license, permit, or 166
certification, such decision is binding on the state agency in 167
any later ruling on the person's application for a license, 168
permit, or certification unless there is a material and ad verse 169
change that directly and specifically relates to the person's 170
criminal record. 171
3. If a state agency determines under subparagraph 1. that 172
a person is disqualified for a license, permit, or 173
certification, the state agency must advise the person of a ny 174
actions the person may take to remedy the disqualification. The 175
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person may submit a revised petition reflecting completion of 176
the remedial actions before the deadline set by the state agency 177
in its final judgment. 178
4. A person may not submit a new petition to the state 179
agency until at least 1 year after a final judgment on the 180
initial petition is rendered or the person obtains the required 181
qualifications for the license, permit, or certification, 182
whichever is earlier. 183
5. A state agency may charge a fee not to exceed $50 per 184
petition for reviewing petitions under this paragraph. 185
(f) Notwithstanding any law to the contrary, a state 186
agency may not use vague terms such as good moral character, 187
moral turpitude, or character and fitness in its decision to 188
disqualify a person from receiving a license, permit, or 189
certification based on the person's criminal record. 190
Section 2. Section 112.0111, Florida Statutes, is amended 191
to read: 192
112.0111 Restrictions on the employment of ex -offenders; 193
legislative intent; state agency reporting requirements. — 194
(1) The Legislature declares that a goal of this state is 195
to clearly identify the occupations from which ex -offenders are 196
disqualified based on the nature of their offenses. The 197
Legislature seeks to make employment opportunities available to 198
ex-offenders in a manner that serves to preserve and protect the 199
health, safety, and welfare of the general public, yet 200
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encourages them to become productive members of society. To this 201
end, state agencies that exercise reg ulatory authority are in 202
the best position to identify all restrictions on employment 203
imposed by the agencies or by boards that regulate professions 204
and occupations and are obligated to protect the health, safety, 205
and welfare of the general public by clearly setting forth those 206
restrictions in keeping with statutory standards and protections 207
determined by the agencies to be in the least restrictive 208
manner. 209
(2) Annually, each state agency, including, but not 210
limited to, those state agencies responsible for issuing 211
licenses, permits, or certifications to pursue, practice, or 212
engage in an occupation, trade, vocation, profession, or 213
business must professional and occupational regulatory boards, 214
shall ensure the appropriate restrictions necessary to protect 215
the overall health, safety, and welfare of the general public 216
are in place, and by December 31, 2011, and every 4 years 217
thereafter, submit to the Governor, the President of the Senate, 218
and the Speaker of the House of Representatives , and post 219
publicly on its website, a report that includes: 220
(a) The total number of applicants with a criminal record 221
for a license, permit, or certification in the previous year 222
and, out of that number, the number of times the state agency 223
granted an application and denied, withh eld, or refused to renew 224
an application because of the applicant's criminal history. The 225
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report must also specify the offenses for which each decision to 226
deny, withhold, or refuse to renew an application for a license, 227
permit, or certification was based A list of all agency or board 228
statutes or rules that disqualify from employment or licensure 229
persons who have been convicted of a crime and have completed 230
any incarceration and restitution to which they have been 231
sentenced for such crime . 232
(b) The total number of applicants with a criminal record 233
who petitioned the state agency under s. 112.011(2)(e) in the 234
previous year and, out of that number, the number of times the 235
state agency approved and denied a petition. The report must 236
also specify the offenses for which each decision to approve and 237
deny a petition was based A determination of whether the 238
disqualifying statutes or rules are readily available to 239
prospective employers and licensees . 240
(c) Any other data the state agency deems relevant in 241
fulfilling its purpose under this section The identification and 242
evaluation of alternatives to the disqualifying statutes or 243
rules which protect the health, safety, and welfare of the 244
general public without impeding the gainful employment of ex -245
offenders. 246
Section 3. Subsection (4) of section 310.071, Florida 247
Statutes, is amended to read: 248
310.071 Deputy pilot certification. — 249
(4) The board must follow the requirements in s. 250
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112.011(2) before Notwithstanding s. 112.011 or any other 251
provision of law relating to the restoration of civil rights, an 252
applicant may shall be disqualified from applying for or and 253
shall be denied a deputy pilot certificate if the applicant, 254
regardless of adjudication, has ever been found guilty of, or 255
pled guilty or nolo contendere to, a cha rge which was: 256
(a) A felony or first degree misdemeanor which directly 257
related to the navigation or operation of a vessel; or 258
(b) A felony involving the sale of or trafficking in, or 259
conspiracy to sell or traffic in, a controlled substance as 260
defined by chapter 893, or an offense under the laws of any 261
state or country which, if committed in this state, would 262
constitute the felony of selling or trafficking in, or 263
conspiracy to sell or traffic in, such controlled substance . 264
Section 4. Paragraphs (c), (d), and (e) of subsection (3) 265
of section 455.213, Florida Statutes, are redesignated as 266
paragraphs (b), (c), and (d), respectively, and paragraphs (a) 267
and (b) of subsection (3) and subsection (11) of that section 268
are amended, to read: 269
455.213 General licensing provisions.— 270
(3)(a) Notwithstanding any other law, the applicable board 271
shall use the process in s. 112.011(2) this subsection for 272
review of an applicant's criminal record to determine his or her 273
eligibility for a license, permit, or certificatio n. licensure 274
as: 275
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1. A barber under chapter 476; 276
2. A cosmetologist or cosmetology specialist under chapter 277
477; 278
3. Any of the following construction professions under 279
chapter 489: 280
a. Air-conditioning contractor; 281
b. Electrical contractor; 282
c. Mechanical contractor; 283
d. Plumbing contractor; 284
e. Pollutant storage systems contractor; 285
f. Roofing contractor; 286
g. Sheet metal contractor; 287
h. Solar contractor; 288
i. Swimming pool and spa contractor; 289
j. Underground utility and excavation contractor; or 290
k. Other specialty contractors; or 291
4. Any other profession for which the department issues a 292
license, provided the profession is offered to inmates in any 293
correctional institution or correctional facility as vocational 294
training or through an indust ry certification program. 295
(b)1. A conviction, or any other adjudication, for a crime 296
more than 5 years before the date the application is received by 297
the applicable board may not be grounds for denial of a license 298
specified in paragraph (a). For purposes of this paragraph, the 299
term "conviction" means a determination of guilt that is the 300
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result of a plea or trial, regardless of whether adjudication is 301
withheld. This paragraph does not limit the applicable board 302
from considering an applicant's criminal hist ory that includes a 303
crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but 304
only if such criminal history has been found to relate to the 305
practice of the applicable profession. 306
2. The applicable board may consider the criminal history 307
of an applicant for licensure under subparagraph (a)3. if such 308
criminal history has been found to relate to good moral 309
character. 310
(11) For any profession requiring fingerprints as part of 311
the registration, certification, or licensure process or for any 312
profession requiring a criminal history record check to 313
determine good moral character , the fingerprints of the 314
applicant must accompany all applications for registration, 315
certification, or licensure. The fingerprints must shall be 316
forwarded to the Division of Crimina l Justice Information 317
Systems within the Department of Law Enforcement for processing 318
to determine whether the applicant has a criminal history 319
record. The fingerprints must shall also be forwarded to the 320
Federal Bureau of Investigation to determine whethe r the 321
applicant has a criminal history record. The information 322
obtained by the processing of the fingerprints by the Department 323
of Law Enforcement and the Federal Bureau of Investigation must 324
shall be sent to the department to determine whether the 325
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applicant is statutorily qualified for registration, 326
certification, or licensure. 327
Section 5. Paragraph (c) of subsection (2) of section 328
494.0011, Florida Statutes, is amended to read: 329
494.0011 Powers and duties of the commission and office. — 330
(2) The commission may adopt rules to administer parts I, 331
II, and III of this chapter, including rules: 332
(c) Establishing time periods during which a loan 333
originator, mortgage broker, or mortgage lender license 334
applicant under part II or part III is barred from licens ure due 335
to prior criminal convictions of, or guilty or nolo contendere 336
pleas by, any of the applicant's control persons, regardless of 337
adjudication. The requirements of s. 112.011(2) apply 338
1. The rules must provide: 339
a. Permanent bars for felonies involving fraud, 340
dishonesty, breach of trust, or money laundering; 341
b. A 15-year disqualifying period for felonies involving 342
moral turpitude; 343
c. A 7-year disqualifying period for all other felonies; 344
and 345
d. A 5-year disqualifying period for misdemeanor s 346
involving fraud, dishonesty, or any other act of moral 347
turpitude. 348
2. The rules may provide for an additional waiting period 349
due to dates of imprisonment or community supervision, the 350
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commitment of multiple crimes, and other factors reasonably 351
related to the applicant's criminal history. 352
3. The rules may provide for mitigating factors for crimes 353
identified in sub-subparagraph 1.b. However, the mitigation may 354
not result in a period of disqualification less than 7 years. 355
The rule may not mitigate the dis qualifying periods in sub -356
subparagraphs 1.a., 1.c., and 1.d. 357
4. An applicant is not eligible for licensure until the 358
expiration of the disqualifying period set by rule. 359
5. Section 112.011 is not applicable to eligibility for 360
licensure under this part. 361
Section 6. Subsection (2) of section 517.1611, Florida 362
Statutes, is amended to read: 363
517.1611 Guidelines. — 364
(2) The commission shall adopt by rule disqualifying 365
periods pursuant to which an applicant will be disqualified from 366
eligibility for registr ation based upon criminal convictions, 367
pleas of nolo contendere, or pleas of guilt, regardless of 368
whether adjudication was withheld, by the applicant; any 369
partner, member, officer, or director of the applicant or any 370
person having a similar status or perfo rming similar functions; 371
or any person directly or indirectly controlling the applicant. 372
The requirements of s. 112.011(2) apply 373
(a) The disqualifying periods shall be 15 years for a 374
felony and 5 years for a misdemeanor. 375
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(b) The disqualifying periods s hall be related to crimes 376
involving registration as a dealer, investment adviser, issuer 377
of securities, or associated person or the application for such 378
registration or involving moral turpitude or fraudulent or 379
dishonest dealing. 380
(c) The rules may also address mitigating factors, an 381
additional waiting period based upon dates of imprisonment or 382
community supervision, an additional waiting period based upon 383
commitment of multiple crimes, and other factors reasonably 384
related to the consideration of an appli cant's criminal history. 385
(d) An applicant is not eligible for registration until 386
the expiration of the disqualifying period set by rule. Section 387
112.011 does not apply to the registration provisions under this 388
chapter. Nothing in this section changes or amends the grounds 389
for denial under s. 517.161. 390
Section 7. Paragraph (b) of subsection (2) of section 391
559.554, Florida Statutes, is amended to read: 392
559.554 Powers and duties of the commission and office. — 393
(2) The commission may adopt rules to admi nister this 394
part, including rules: 395
(b) Establishing time periods during which a consumer 396
collection agency is barred from registration due to prior 397
criminal convictions of, or guilty or nolo contendere pleas by, 398
an applicant's control persons, regardless of adjudication. The 399
requirements of s. 112.011(2) apply 400
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1. The rules must provide: 401
a. A 15-year disqualifying period for felonies involving 402
fraud, dishonesty, breach of trust, money laundering, or other 403
acts of moral turpitude. 404
b. A 7-year disqualifying period for all other felonies. 405
c. A 5-year disqualifying period for misdemeanors 406
involving fraud, dishonesty, or other acts of moral turpitude. 407
2. The rules must provide for an additional waiting period 408
due to dates of imprisonment or community s upervision, the 409
commitment of multiple crimes, and other factors reasonably 410
related to the applicant's criminal history. 411
3. The rules must provide for mitigating factors for 412
crimes identified in sub -subparagraphs 1.a., 1.b., and 1.c. 413
4. An applicant is not eligible for registration until 414
expiration of the disqualifying period set by rule. 415
5. Section 112.011 does not apply to eligibility for 416
registration under this part. 417
Section 8. Subsection (9) of section 626.207, Florida 418
Statutes, is amended to read: 419
626.207 Disqualification of applicants and licensees; 420
penalties against licensees; rulemaking authority. — 421
(9) Section 112.011(2) applies 112.011 does not apply to 422
any applicants for licensure under the Florida Insurance Code, 423
including, but not limited to, agents, agencies, adjusters, 424
adjusting firms, or customer representatives. 425
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Section 9. Subsection (8) of section 626.9954, Florida 426
Statutes, is amended to read: 427
626.9954 Disqualification from registration. — 428
(8) Section 112.011(2) applies 112.011 does not apply to 429
an applicant for registration as a navigator. 430
Section 10. Subsection (7) of section 648.34, Florida 431
Statutes, is amended to read: 432
648.34 Bail bond agents; qualifications. — 433
(7) Section 112.011(2) applies The provisions of s. 434
112.011 do not apply to bail bond agents or to applicants for 435
licensure as bail bond agents. 436
Section 11. This act shall take effect July 1, 2023. 437