Florida Senate - 2023 CS for SB 1124 By the Committee on Governmental Oversight and Accountability; and Senator Calatayud 585-02904-23 20231124c1 1 A bill to be entitled 2 An act relating to employment of ex-offenders; 3 amending s. 112.011, F.S.; revising the criteria a 4 state agency must consider before denying a license, 5 permit, or certification to a person previously 6 convicted of a crime; requiring a state agency to 7 consider specified factors when determining if an ex 8 offender applying for a license, permit, or 9 certification has not been rehabilitated; requiring a 10 state agency to use a specified process in its 11 decision to deny a license, permit, or certificate to 12 a person previously convicted of a crime; authorizing 13 certain persons to petition a state agency to 14 determine whether their criminal record disqualifies 15 them from obtaining a license, permit, or 16 certification; providing the requirements for the 17 petition; requiring the state agency to use a 18 specified procedure when reviewing the petition and 19 making a decision on such petition; providing that 20 such decision is binding on the state agency regarding 21 any subsequent license, permit, or certification 22 application received from that person; requiring the 23 agency to advise the person of any actions he or she 24 may take to remedy the disqualification; authorizing 25 the person to submit a revised petition under 26 specified circumstances; prohibiting a person from 27 submitting a new petition during a specified 28 timeframe; prohibiting a state agency from using 29 specified terminology in a decision related to the 30 denial of a license, permit, or certification; 31 amending s. 112.0111, F.S.; revising legislative 32 intent; requiring specified agencies to submit an 33 annual report to the Governor and the Legislature; 34 requiring that such report be made available on the 35 agencys website; providing report requirements; 36 amending ss. 310.071, 455.213, 494.0011, 517.1611, 37 559.554, 626.207, 626.9954, and 648.34, F.S.; 38 conforming provisions to changes made by the act; 39 providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1.Section 112.011, Florida Statutes, is amended to 44 read: 45 112.011Disqualification from licensing, permitting, or 46 certification; and public employment based on criminal 47 conviction. 48 (1)(a)Except as provided in s. 775.16, a person may not be 49 disqualified from employment by the state, any of its agencies 50 or political subdivisions, or any municipality solely because of 51 a prior conviction for a crime. However, a person may be denied 52 employment by the state, any of its agencies or political 53 subdivisions, or any municipality by reason of the prior 54 conviction for a crime if the crime was a felony or first-degree 55 misdemeanor and directly related to the position of employment 56 sought. 57 (2)(a)(b)Notwithstanding any other law Except as provided 58 in s. 775.16, a person may be denied a license, permit, or 59 certification to pursue, practice, or engage in an occupation, 60 trade, vocation, profession, or business by reason of the prior 61 conviction for a crime only if all of the following apply: 62 1.The crime was: 63 a.A forcible felony as defined in s. 776.08; 64 b.A felony or first-degree misdemeanor for which the 65 person was not incarcerated, and he or she was convicted less 66 than 3 years before a state agency began considering his or her 67 application for the license, permit, or certification; or 68 c.A felony or first-degree misdemeanor for which the 69 person was incarcerated, and his or her incarceration ended less 70 than 3 years before a state agency began considering his or her 71 application for the license, permit, or certification. 72 2.The conviction directly and specifically relates to the 73 duties and responsibilities of the occupation, trade, vocation, 74 profession, or business for which the license, permit, or 75 certification is sought. 76 3.Granting the license, permit, or certification would 77 pose a direct and substantial risk to public safety because 78 there is clear and convincing evidence the person has not been 79 rehabilitated per the criteria in paragraph (c) to safely 80 perform the duties and responsibilities of that is directly 81 related to the standards determined by the regulatory authority 82 to be necessary and reasonably related to the protection of the 83 public health, safety, and welfare for the specific occupation, 84 trade, vocation, profession, or business for which the license, 85 permit, or certificate is sought. 86 (b)(c)Notwithstanding any law to the contrary, a state 87 agency may not deny an application for a license, permit, 88 certificate, or employment based solely on the applicants lack 89 of civil rights. However, this paragraph does not apply to 90 applications for a license to carry a concealed weapon or 91 firearm under chapter 790. 92 (c)To determine if a person has not been rehabilitated as 93 required under paragraph (a), a state agency shall consider the 94 persons current circumstances and mitigating factors, including 95 all of the following: 96 1.The age of the person when he or she committed the 97 crime. 98 2.The amount of time elapsed since the person committed 99 the crime. 100 3.The circumstances surrounding and the nature of the 101 crime. 102 4.Whether the person completed his or her criminal 103 sentence and, if so, the amount of time since doing so. 104 5.Whether the person received a certificate of 105 rehabilitation or good conduct. 106 6.Whether the person completed or is an active participant 107 in a rehabilitative drug or alcohol program. 108 7.Any testimonials or recommendations, including progress 109 reports from the persons probation or parole officer. 110 8.Any education or training the person has received. 111 9.The persons employment history and employment 112 aspirations. 113 10.The persons family responsibilities. 114 11.Whether the occupation, trade, vocation, profession, or 115 business for which the person seeks employment requires him or 116 her to be bonded. 117 12.Any other evidence of rehabilitation or information the 118 person submits to the state agency. 119 (d)A state agency may deny an application for a license, 120 permit, or certificate to pursue, practice, or engage in an 121 occupation, trade, vocation, profession, or business based on a 122 persons criminal record only if the state agency does all of 123 the following: 124 1.Notifies the person of its intention to deny the 125 application and informs the person that he or she may request an 126 informal meeting and attend such meeting in person or by means 127 of communications media technology as defined in s. 128 120.54(5)(b)2. The notice provided must be consistent with s. 129 120.60(3) and must inform the person of the reasons for denial 130 and that, at the informal meeting, he or she may provide a 131 rebuttal and additional evidence of circumstances or 132 rehabilitation, including any verbal or written support provided 133 by character witnesses in support of him or her. The state 134 agency must allow the person at least 30 calendar days to gather 135 and provide such additional evidence. The state agency may not 136 make an adverse inference if the person does not request or 137 attend an informal meeting or does not bring witnesses to such 138 meeting. 139 2.Provides written notification consistent with s. 140 120.60(3) of its final decision within 60 days after the 141 informal meeting or receipt of a completed application, 142 whichever is later. If the state agency denies or intends to 143 deny the application for a license, permit, or certificate, the 144 written notice must specify the clear and convincing evidence on 145 which the agency based its determination to deny the license, 146 permit, or certification. The agencys decision shall be 147 administratively reviewable pursuant to ss. 120.569 and 120.57. 148 The agencys notice must indicate the procedure and time limits 149 that the applicant must follow in requesting an administrative 150 review of the decision and must provide the earliest date that 151 the applicant may submit another application for the license, 152 permit, or certification. 153 (e)1.Notwithstanding any law to the contrary, a person 154 with a criminal record may petition a state agency at any time, 155 including while in confinement, under supervision, or before 156 obtaining any required personal qualifications for a license, 157 permit, or certificate, for a decision as to whether the 158 persons criminal record would disqualify him or her from 159 obtaining the license, permit, or certification. The person must 160 include in the petition his or her criminal record or authorize 161 the state agency to obtain such criminal record. In reviewing 162 the petition, the state agency must determine if granting the 163 license, permit, or certification to such person would pose a 164 direct and substantial risk to public safety because there is 165 clear and convincing evidence that the person has not been 166 rehabilitated to safely perform the duties and responsibilities 167 of the specific occupation, trade, vocation, profession, or 168 business for which the license, permit, or certification is 169 sought. The state agency must follow the procedure in paragraph 170 (d) when reviewing and making its decision on the petition. 171 2.If a state agency determines under subparagraph 1. that 172 a person is not disqualified for a license, permit, or 173 certification, such decision is binding on the state agency in 174 any later ruling on the persons formal application unless the 175 information contained in the petition is subsequently found to 176 be inaccurate or incomplete, or there is a material and adverse 177 change that directly relates to the persons criminal record. 178 3.If the state agency determines under subparagraph 1. 179 that a person is disqualified for a license, permit, or 180 certification, the agency must advise the person of any actions 181 he or she may take, if any, to remedy the disqualification. The 182 person may submit a revised petition reflecting completion of 183 the remedial actions before a deadline set by the agency in its 184 final decision on the petition. 185 4.A person may not submit a new petition to the state 186 agency until 1 year after a final decision on the initial 187 petition is rendered or the person obtains the required 188 qualifications for the license, permit, or certification, 189 whichever is earlier. 190 (f)Notwithstanding any law to the contrary, a state agency 191 may not use vague terms such as good moral character, moral 192 turpitude, or character and fitness in its decision to 193 disqualify a person from a license, permit, or certification 194 based on the persons criminal record. 195 (3)(a)(2)(a)This section does not apply to any law 196 enforcement or correctional agency. 197 (b)This section does not apply to the employment practices 198 of any fire department relating to the hiring of firefighters. 199 (c)This section does not apply to the employment practices 200 of any county or municipality relating to the hiring of 201 personnel for positions deemed to be critical to security or 202 public safety pursuant to ss. 125.5801 and 166.0442. 203 (4)(3)Any complaint concerning the violation of this 204 section shall be adjudicated in accordance with the procedures 205 set forth in chapter 120 for administrative and judicial review. 206 Section 2.Section 112.0111, Florida Statutes, is amended 207 to read: 208 112.0111Restrictions on the employment of ex-offenders; 209 legislative intent; state agency reporting requirements. 210 (1)The Legislature declares that a goal of this state is 211 to clearly identify the occupations from which ex-offenders are 212 disqualified based on the nature of their offenses. The 213 Legislature seeks to make employment opportunities available to 214 ex-offenders in a manner that preserves and protects serves to 215 preserve and protect the health, safety, and welfare of the 216 general public, yet encourages ex-offenders them to become 217 productive members of society. To this end, state agencies that 218 exercise regulatory authority are in the best position to 219 identify all restrictions on employment imposed by the agencies 220 or by boards that regulate professions and occupations and are 221 obligated to protect the health, safety, and welfare of the 222 general public by clearly setting forth those restrictions in 223 keeping with standards in state law and protections determined 224 by the agencies to be in the least restrictive manner. 225 (2)Annually, each state agency, including, but not limited 226 to, those state agencies responsible for issuing licenses, 227 permits, or certifications to pursue, practice, or engage in an 228 occupation, trade, vocation, profession, or business must 229 professional and occupational regulatory boards, shall ensure 230 the appropriate restrictions necessary to protect the overall 231 health, safety, and welfare of the general public are in place, 232 and by December 31, 2011, and every 4 years thereafter, submit 233 to the Governor, the President of the Senate, and the Speaker of 234 the House of Representatives and make publicly available on its 235 website a report that includes all of the following: 236 (a)The number of applicants with a criminal record who 237 applied for each license, permit, or certification in the prior 238 year, and of that number, the number of times the state agency 239 granted the application and the number of times it denied, 240 withheld, or refused to grant a license, permit, or 241 certification because of an applicants criminal history. The 242 report must also specify the offense or offenses for which each 243 decision to deny, withhold, or refuse to grant the license, 244 permit, or certification was based A list of all agency or board 245 statutes or rules that disqualify from employment or licensure 246 persons who have been convicted of a crime and have completed 247 any incarceration and restitution to which they have been 248 sentenced for such crime. 249 (b)The number of applicants with a criminal record for 250 each license, permit, or certificate who petitioned the state 251 agency under s. 112.011(2)(e) in the prior year and the number 252 of such applicants whose petitions were approved or denied. The 253 report must also specify the offense or offenses on which each 254 decision to approve or deny a petition was based A determination 255 of whether the disqualifying statutes or rules are readily 256 available to prospective employers and licensees. 257 (c)Any other data the agency deems relevant in fulfilling 258 its purpose under subsection (1) The identification and 259 evaluation of alternatives to the disqualifying statutes or 260 rules which protect the health, safety, and welfare of the 261 general public without impeding the gainful employment of ex 262 offenders. 263 Section 3.Subsection (4) of section 310.071, Florida 264 Statutes, is amended to read: 265 310.071Deputy pilot certification. 266 (4)The board must follow the requirements in s. 112.011(2) 267 before Notwithstanding s. 112.011 or any other provision of law 268 relating to the restoration of civil rights, an applicant may 269 shall be disqualified from applying for or and shall be denied a 270 deputy pilot certificate if the applicant, regardless of 271 adjudication, has ever been found guilty of, or pled guilty or 272 nolo contendere to, a charge which was: 273 (a)A felony or first degree misdemeanor which directly 274 related to the navigation or operation of a vessel; or 275 (b)A felony involving the sale of or trafficking in, or 276 conspiracy to sell or traffic in, a controlled substance as 277 defined by chapter 893, or an offense under the laws of any 278 state or country which, if committed in this state, would 279 constitute the felony of selling or trafficking in, or 280 conspiracy to sell or traffic in, such controlled substance. 281 Section 4.Subsections (3) and (11) of section 455.213, 282 Florida Statutes, are amended to read: 283 455.213General licensing provisions. 284 (3)(a)Notwithstanding any other law, the applicable board 285 shall use the process in s. 112.011(2) this subsection for 286 review of an applicants criminal record to determine his or her 287 eligibility for licensure, a permit, or certification as: 288 1.A barber under chapter 476; 289 2.A cosmetologist or cosmetology specialist under chapter 290 477; 291 3.Any of the following construction professions under 292 chapter 489: 293 a.Air-conditioning contractor; 294 b.Electrical contractor; 295 c.Mechanical contractor; 296 d.Plumbing contractor; 297 e.Pollutant storage systems contractor; 298 f.Roofing contractor; 299 g.Sheet metal contractor; 300 h.Solar contractor; 301 i.Swimming pool and spa contractor; 302 j.Underground utility and excavation contractor; or 303 k.Other specialty contractors; or 304 4.Any other profession for which the department issues a 305 license, provided the profession is offered to inmates in any 306 correctional institution or correctional facility as vocational 307 training or through an industry certification program. 308 (b)1.A conviction, or any other adjudication, for a crime 309 more than 5 years before the date the application is received by 310 the applicable board may not be grounds for denial of a license 311 specified in paragraph (a). For purposes of this paragraph, the 312 term conviction means a determination of guilt that is the 313 result of a plea or trial, regardless of whether adjudication is 314 withheld. This paragraph does not limit the applicable board 315 from considering an applicants criminal history that includes a 316 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but 317 only if such criminal history has been found to relate to the 318 practice of the applicable profession. 319 2.The applicable board may consider the criminal history 320 of an applicant for licensure under subparagraph (a)3. if such 321 criminal history has been found to relate to good moral 322 character. 323 (c)1.A person may apply for a license before his or her 324 lawful release from confinement or supervision. The department 325 may not charge an applicant an additional fee for being confined 326 or under supervision. The applicable board may not deny an 327 application for a license solely on the basis of the applicants 328 current confinement or supervision. 329 2.After a license application is approved, the applicable 330 board may stay the issuance of a license until the applicant is 331 lawfully released from confinement or supervision and the 332 applicant notifies the applicable board of such release. The 333 applicable board must verify the applicants release with the 334 Department of Corrections before it issues a license. 335 3.If an applicant is unable to appear in person due to his 336 or her confinement or supervision, the applicable board must 337 permit the applicant to appear by teleconference or video 338 conference, as appropriate, at any meeting of the applicable 339 board or other hearing by the agency concerning his or her 340 application. 341 4.If an applicant is confined or under supervision, the 342 Department of Corrections and the applicable board must shall 343 cooperate and coordinate to facilitate the appearance of the 344 applicant at a board meeting or agency hearing in person, by 345 teleconference, or by video conference, as appropriate. 346 (c)(d)Each applicable board shall compile a list of crimes 347 that, if committed and regardless of adjudication, do not relate 348 to the practice of the profession or the ability to practice the 349 profession and do not constitute grounds for denial of a 350 license. This list must be made available on the departments 351 website and updated annually. Beginning October 1, 2019, each 352 applicable board shall compile a list of crimes that although 353 reported by an applicant for licensure, were not used as a basis 354 for denial. The list must identify for each such license 355 application the crime reported and the date of conviction and 356 whether there was a finding of guilt, a plea, or an adjudication 357 entered or the date of sentencing. 358 (d)(e)Each applicable board shall compile a list of crimes 359 that have been used as a basis for denial of a license in the 360 past 2 years and shall make the list available on the 361 departments website. Starting October 1, 2019, and updated 362 quarterly thereafter, the applicable board shall compile a list 363 indicating each crime used as a basis for denial. For each crime 364 listed, the applicable board shall must identify the date of 365 conviction, finding of guilt, plea, or adjudication entered, or 366 date of sentencing. Such denials must be made available to the 367 public upon request. 368 (11)For any profession requiring fingerprints as part of 369 the registration, certification, or licensure process or for any 370 profession requiring a criminal history record check to 371 determine good moral character, the fingerprints of the 372 applicant must accompany all applications for registration, 373 certification, or licensure. The fingerprints must shall be 374 forwarded to the Division of Criminal Justice Information 375 Systems within the Department of Law Enforcement for processing 376 to determine whether the applicant has a criminal history 377 record. The fingerprints must shall also be forwarded to the 378 Federal Bureau of Investigation to determine whether the 379 applicant has a criminal history record. The information 380 obtained by the processing of the fingerprints by the Department 381 of Law Enforcement and the Federal Bureau of Investigation must 382 shall be sent to the department to determine whether the 383 applicant is statutorily qualified for registration, 384 certification, or licensure. 385 Section 5.Paragraph (c) of subsection (2) of section 386 494.0011, Florida Statutes, is amended to read: 387 494.0011Powers and duties of the commission and office. 388 (2)The commission may adopt rules to administer parts I, 389 II, and III of this chapter, including rules: 390 (c)Establishing time periods during which a loan 391 originator, mortgage broker, or mortgage lender license 392 applicant under part II or part III is barred from licensure due 393 to prior criminal convictions of, or guilty or nolo contendere 394 pleas by, any of the applicants control persons, regardless of 395 adjudication. The requirements of s. 112.011(2) apply 396 1.The rules must provide: 397 a.Permanent bars for felonies involving fraud, dishonesty, 398 breach of trust, or money laundering; 399 b.A 15-year disqualifying period for felonies involving 400 moral turpitude; 401 c.A 7-year disqualifying period for all other felonies; 402 and 403 d.A 5-year disqualifying period for misdemeanors involving 404 fraud, dishonesty, or any other act of moral turpitude. 405 2.The rules may provide for an additional waiting period 406 due to dates of imprisonment or community supervision, the 407 commitment of multiple crimes, and other factors reasonably 408 related to the applicants criminal history. 409 3.The rules may provide for mitigating factors for crimes 410 identified in sub-subparagraph 1.b. However, the mitigation may 411 not result in a period of disqualification less than 7 years. 412 The rule may not mitigate the disqualifying periods in sub 413 subparagraphs 1.a., 1.c., and 1.d. 414 4.An applicant is not eligible for licensure until the 415 expiration of the disqualifying period set by rule. 416 5.Section 112.011 is not applicable to eligibility for 417 licensure under this part. 418 Section 6.Subsection (2) of section 517.1611, Florida 419 Statutes, is amended to read: 420 517.1611Guidelines. 421 (2)The commission shall adopt by rule disqualifying 422 periods pursuant to which an applicant will be disqualified from 423 eligibility for registration based upon criminal convictions, 424 pleas of nolo contendere, or pleas of guilt, regardless of 425 whether adjudication was withheld, by the applicant; any 426 partner, member, officer, or director of the applicant or any 427 person having a similar status or performing similar functions; 428 or any person directly or indirectly controlling the applicant. 429 The requirements of s. 112.011(2) apply 430 (a)The disqualifying periods shall be 15 years for a 431 felony and 5 years for a misdemeanor. 432 (b)The disqualifying periods shall be related to crimes 433 involving registration as a dealer, investment adviser, issuer 434 of securities, or associated person or the application for such 435 registration or involving moral turpitude or fraudulent or 436 dishonest dealing. 437 (c)The rules may also address mitigating factors, an 438 additional waiting period based upon dates of imprisonment or 439 community supervision, an additional waiting period based upon 440 commitment of multiple crimes, and other factors reasonably 441 related to the consideration of an applicants criminal history. 442 (d)An applicant is not eligible for registration until the 443 expiration of the disqualifying period set by rule. Section 444 112.011 does not apply to the registration provisions under this 445 chapter. Nothing in this section changes or amends the grounds 446 for denial under s. 517.161. 447 Section 7.Paragraph (b) of subsection (2) of section 448 559.554, Florida Statutes, is amended to read: 449 559.554Powers and duties of the commission and office. 450 (2)The commission may adopt rules to administer this part, 451 including rules: 452 (b)Establishing time periods during which a consumer 453 collection agency is barred from registration due to prior 454 criminal convictions of, or guilty or nolo contendere pleas by, 455 an applicants control persons, regardless of adjudication. The 456 requirements of s. 112.011(2) apply 457 1.The rules must provide: 458 a.A 15-year disqualifying period for felonies involving 459 fraud, dishonesty, breach of trust, money laundering, or other 460 acts of moral turpitude. 461 b.A 7-year disqualifying period for all other felonies. 462 c.A 5-year disqualifying period for misdemeanors involving 463 fraud, dishonesty, or other acts of moral turpitude. 464 2.The rules must provide for an additional waiting period 465 due to dates of imprisonment or community supervision, the 466 commitment of multiple crimes, and other factors reasonably 467 related to the applicants criminal history. 468 3.The rules must provide for mitigating factors for crimes 469 identified in sub-subparagraphs 1.a., 1.b., and 1.c. 470 4.An applicant is not eligible for registration until 471 expiration of the disqualifying period set by rule. 472 5.Section 112.011 does not apply to eligibility for 473 registration under this part. 474 Section 8.Subsection (9) of section 626.207, Florida 475 Statutes, is amended to read: 476 626.207Disqualification of applicants and licensees; 477 penalties against licensees; rulemaking authority. 478 (9)Section 112.011(2) applies 112.011 does not apply to 479 any applicants for licensure under the Florida Insurance Code, 480 including, but not limited to, agents, agencies, adjusters, 481 adjusting firms, or customer representatives. 482 Section 9.Subsection (8) of section 626.9954, Florida 483 Statutes, is amended to read: 484 626.9954Disqualification from registration. 485 (8)Section 112.011(2) applies 112.011 does not apply to an 486 applicant for registration as a navigator. 487 Section 10.Subsection (7) of section 648.34, Florida 488 Statutes, is amended to read: 489 648.34Bail bond agents; qualifications. 490 (7)Section 112.011(2) applies The provisions of s. 112.011 491 do not apply to bail bond agents or to applicants for licensure 492 as bail bond agents. 493 Section 11.This act shall take effect July 1, 2023.