The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability
BILL: SB 1124
INTRODUCER: Senator Calatayud
SUBJECT: Employment of Ex-offenders
DATE: March 21, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Limones-Borja McVaney GO Pre-meeting
2. CJ
3. RC
I. Summary:
SB 1124 creates state-level procedures by which agencies and licensing boards must abide in
their determinations whether to grant or deny a license, permit, or certification to pursue,
practice, or engage in an occupation, trade, vocation, profession, or business based on an
individual’s criminal conviction. The bill places an enhanced burden on agencies to prove by
clear and convincing evidence that the applicant has not been rehabilitated based on the
applicant’s current circumstances and mitigating factors set forth in the bill.
The bill creates additional notice procedures that allow an applicant for licensure, permitting, or
certification, to dispute an agency’s grounds for denial.
The bill authorizes a person to petition a state agency for a binding agency decision as to whether
the person’s criminal record would disqualify him or her from obtaining a license, permit, or
certification. The bill creates a process an agency must follow to makes its decision, and any
decision that a petitioner is not disqualified is binding, barring a material and adverse change
that directly and specifically relates to the person’s criminal record. An agency that decides that a
petitioner is disqualified must advise such petitioner how to remedy the disqualification. The bill
creates a process by which a revised petition may be submitted.
The bill prohibits a state agency from using vague terms such as, “good moral character,” “moral
turpitude,” or “character and fitness” in its decision to disqualify a person from a license, permit,
or certification based on the person’s criminal record.
The bill updates the legislative intent regarding the restrictions on the employment of
ex-offenders. The bill takes away a state agency’s authority to restrict occupational licenses,
permits, certifications, and employment to ex-offenders based on statute, administrative rule, or
agency policy. Instead, a state agency must follow the state-level procedures set forth in this bill.
REVISED: BILL: SB 1124 Page 2
The bill requires each state agency responsible for issuing licenses, permits, or certifications to
pursue, practice, or engage in an occupation, trade, vocation, profession, or business to annually
submit a report to the Governor, President of the Senate, and the Speaker of the House of
Representatives regarding any applications, petitions, and renewals denied, withheld, or refused.
Each state agency is also required to make the report publically available on its website.
The bill also prohibits the DBPR from using a criminal history record to determine good moral
character, but does not prohibit a criminal history record check altogether.
The bill may have a negative fiscal impact on state agencies; however, the impact is
indeterminate. See Section V. Fiscal Impact Statement.
The bill takes effect July 1, 2023.
II. Present Situation:
Disqualification from Licensing and Public Employment based on Criminal Conviction
Current law prohibits a person from being disqualified from employment by the state and
municipalities solely because of a prior conviction from a crime.
1
However, a person may be
denied employment if the crime was a felony or first-degree misdemeanor that is directly related
to the position sought
2
or directly related to the standards determined by the regulatory authority
to be necessary and reasonably related to the protection of the public health, safety, and welfare
for the specific occupation, trade, vocation, profession, or business for which the license, permit,
or certificate is sought.
3
These laws do not apply to the employment practices of any law
enforcement or correctional agency,
4
fire department,
5
or county or municipality related to the
hiring of personnel for position deemed to be critical to security or public safety.
6
Any
complaints regarding a violation of this employment provision must be adjudicated according to
the Administrative Procedure Act.
7
Administrative Procedures Act
Administrative Review
The Administrative Procedures Act (APA) provides that a party who wishes to challenge an
agency determination of his or her substantial interests must file a petition for a hearing with the
agency. An agency request for an administrative law judge (ALJ) must be made to the Division
of Administrative Hearings within 15 days after receiving the petition.
8,9
All parties shall be
1
Section 112.011(1)(a), F.S.
2
Id.
3
Section 112.011(1)(b), F.S.
4
Section 112.011(2)(a), F.S.
5
Section 112.011(2)(b), F.S.
6
Section 112.011(2)(c), F.S.
7
Section 112.011(3), F.S.
8
Section 120.569(2)(a), F.S.
9
Section 120.569, F.S., applies except when mediation is elected by all parties pursuant to s. 120.573, or when a summary
hearing is elected by all parties pursuant to s. 120.574, F.S. BILL: SB 1124 Page 3
given an opportunity for a hearing after reasonable notice.
10
Generally, licensing determinations
are subject to either an informal hearing in which the petitioner-applicant does not dispute any
material facts of the agency’s final action,
11
or a formal hearing, in which the petitioner disputes
a material fact of the agency’s final action.
12
Department of Business and Professional Regulation
The Department of Business and Professional Regulation (DBPR) is the agency charged with the
licensing and regulation of businesses and professionals in the state.
13
The DBPR is made up by
the following 12 divisions:
14
Administration;
Alcoholic Beverages and Tobacco;
Certified Public Accounting;
Drugs, Devices, and Cosmetics;
Florida Condominiums, Timeshares, and Mobile Homes;
Hotels and Restaurants;
Pari-mutuel Wagering;
Professions;
Real Estate;
Regulation;
Service Operations; and
Technology.
Sections 455.203 and 455.213, F.S., establish the DBPR’s general licensing authority, including
its authority to charge license fees and license renewal fees. Each board within the DBPR must
determine by rule the amount of license fees for each profession, based on estimates of the
required revenue to implement the regulatory laws affecting the profession.
15
When a person is
authorized to engage in a profession or occupation in Florida, the DBPR issues a “permit,
registration, certificate, or license” to the licensee.
16
Division of Professions
The Division of Professions (Division) is responsible for the licensing of approximately 482,886
professionals. The Division administers 12 professional boards, one council, one commission,
and five Department-regulated professions. These professionals include: architects and interior
designers, asbestos consultants and contractors, athlete agents, auctioneers, barbers, building
code administrators and inspectors, community association managers, the construction industry,
cosmetologists, electrical contractors, employee leasing companies, geologists, harbor pilots,
10
The notice must contain a statement of (1) time, place, and nature of the hearing; and (2) the legal authority and jurisdiction
under which the hearing is to be held. Section 120.569(2)(b), F.S.
11
Section 120.57(2), F.S.
12
Section 120.57(1), F.S.
13
Florida DBPR, General DBPR Information, available at
https://myfloridalicense.custhelp.com/app/answers/detail/a_id/2218/~/general-dbpr-information%3A (last visited Mar. 18,
2023).
14
Section 20.165, F.S.
15
Section 455.219(1), F.S.
16
Section 455.01(4) and (5), F.S. BILL: SB 1124 Page 4
home inspectors, landscape architects, mold related services, talent agencies and veterinarians. In
Fiscal Year 2020-2021, there was a total of 464,200 active licenses in the Division, including:
17
Profession Active Inactive
Architecture and Interior Design 13,164 397
Asbestos Contractors & Consultants 449 9
Athlete Agents 436 2
Auctioneers 2,421 10
Barbers 23,702 92
Building Code
Administrators/Inspectors
9,515 539
Community Association Managers 19,944 189
Construction Industry 79,651 12,637
Cosmetology 271,789 2,015
Electrical Contractors 13,473 1,172
Employee Leasing Companies 1,053 0
Geologists 1,697 62
Home Inspectors 7,867 608
Landscape Architecture 1,285 130
Mold-Related Services 5,070 617
Pilot Commissioners 103 0
Talent Agencies 425 0
Veterinarians 12,156 207
Total 464,200 18,686
Denial of Licensure
Chapter 455, F.S., provides the general powers of the DBPR and sets forth the procedural and
administrative framework for all of the professional boards housed under the DBPR as well as
the Divisions.
18
The DBPR may regulate professions “only for the preservation of the health,
safety, and welfare of the public under the police powers of the state.”
19
Regulation is required
when:
The potential for harming or endangering public health, safety, and welfare is recognizable
and outweighs any anticompetitive impact that may result;
The public is not effectively protected by other state statutes, local ordinances, federal
legislation, or other means; and
Less restrictive means of regulation are not available.
20
17
Florida Department of Business and Professional Regulation, Annual Report 2020-2021, pages 12 and 20, available at:
http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY2021.pdf (last visited Mar. 18, 2023).
18
See ss. 455.01(6) and 455.203, F.S. The DBPR must also provide legal counsel for boards within the DBPR by contracting
with the Department of Legal Affairs, by retaining private counsel, or by providing DBPR staff counsel. See s. 455.221(1),
F.S.
19
Section 455.201(2), F.S.
20
Section 455.201(2), F.S. BILL: SB 1124 Page 5
Section 455.213, F.S., creates the process by which an applicable board may deny a license. The
applicable board shall use the process to review an applicant’s criminal record to determine his
or her eligibility for the following licensures:
A barber under chapter 476, F.S.;
A cosmetologist or cosmetology specialist under chapter 477, F.S.;
Any of the following construction professions under chapter 489, F.S.:
o Air-conditioning contractor;
o Electrical contractor;
o Mechanical contractor;
o Plumbing contractor;
o Pollutant storage systems contractor;
o Roofing contractor;
o Sheet metal contractor;
o Solar contractor;
o Swimming pool and spa contractor;
o Underground utility and excavation contractor; or
o Other specialty contractors; or
Any other profession for which the DBPR issues a license, provided the profession is offered
to inmates in any correctional institution or correctional facility as vocational training or
through an industry certification program.
21
Current law provides that a conviction
22
, or any other adjudication, for a crime that occurred
more than 5 years before the application date may not serve as grounds for denial of a license.
DBPR’s licensing boards may consider an applicant’s criminal history, regardless of the time
elapsed since, if it includes a crime listed in the sexual predators act
23
or a forcible felony,
24
but
only if such criminal history has been found to relate to the practice of the applicable profession.
The applicable board may also consider the criminal history of an applicant for licensure if such
criminal history has been found to relate to good moral character.
Barbers
Barbers are regulated under ch. 476, F.S., by the Barber’s Board within the DBPR. Chapter 476,
F.S., does not provide a basis for denial of a license application based on a person’s criminal
background. However, a person may be denied a license application as a barber for any violation
of s. 455.227, F.S., which authorizes the denial of a license on the basis of a criminal background
related to the practice of, or the ability to practice, a licensee’s profession.
25
21
Section 455.213(3)(a), F.S.
22
The term “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication
is withheld. Section 455.213(3)( b)1., F.S.
23
Section 775.21, F.S.
24
“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery;
burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing,
placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical
force or violence against any individual. Section 776.08, F.S.
25
Section 455.227(1)(c), F.S. BILL: SB 1124 Page 6
Cosmetologists
The Board of Cosmetology may deny a cosmetology license or specialty registration application
based on a person’s criminal background. The board may deny a license or application for any
violation of s. 455.227, F.S., which authorizes the denial of a license on the basis of a criminal
background related to the practice of, or the ability to practice, a licensee’s profession.
26
Construction Contracting Professionals
The Construction Industry Licensing Board (CILB) and Electrical Contractors’ Licensing Board
(ECLB) may deny a license application for any person who it finds guilty of any of the grounds
for discipline set forth in s. 455.227(1), F.S., or set forth in the profession’s practice act.
27
Specifically, the CILB may deny a license application for any person who was convicted or
found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a
crime in any jurisdiction which directly relates to the practice of, or the ability to practice, a
licensee’s profession.
28
The CILB and ECLB may also deny a registration application under
s. 455.227, F.S., which authorizes the denial of a license on the basis of a criminal background
related to the practice of, or the ability to practice, a profession.
29
III. Effect of Proposed Changes:
Currently, occupational licensing decisions are delegated to the appropriate licensing agency by
the Legislature. This bill creates state-level procedures by which agencies must abide in their
determinations whether to grant or deny an occupational license. The bill also creates a method
through which an individual can request a binding agency decision on his or her eligibility for
licensure before being required to submit an application for the license.
Section 1 amends s. 112.011, F.S., to revise the criteria a state agency must consider before
denying a license, permit, or certification to pursue, practice, or engage in an occupation, trade,
vocation, profession or business based on a criminal conviction. The section prohibits an agency
from denying an applicant on the basis of criminal history unless:
The applicant was convicted of:
o A forcible felony;
30
o A felony or first-degree misdemeanor (for which the applicant was not incarcerated) in
the 3 years prior to his or her application determination; or
o A felony or first-degree misdemeanor for which the person’s incarceration ended less
than 3 years before the agency’s consideration.
The conviction specifically relates to the duties and responsibilities of the occupation; and
Granting the license, permit, or certification would pose a direct and substantial risk to public
safety because there is clear and convincing evidence that the person has not been
rehabilitated to safely perform the duties and responsibilities of the specific occupation,
trade, vocation, profession, or business for which the license, permit, or certificate is sought.
26
Section 477.029(1)(h), F.S.
27
Section 455.227(2), F.S.
28
Sections 489.129(1)(b) and 489.553(1)(d), F.S., providing the disciplinary grounds for construction contractors and
electrical contractors, respectively.
29
Section 477.029(1)(h), F.S.
30
See supra note 24. BILL: SB 1124 Page 7
The bill places an enhanced burden on agencies to prove by clear and convincing evidence that
the applicant has not been rehabilitated, and should therefore be subject to a denial of licensure.
Section 1 creates a process to determine whether a person has not been rehabilitated in
considering whether to grant a license, permit, or certificate. The agency must consider an
applicant’s current circumstances and all of the following mitigating factors:
The age of the person when he or she committed the offense;
The circumstances and nature of the offense;
The completion of the criminal sentence;
A certificate of rehabilitation or good conduct;
Completion of or active participation in rehabilitative drug or alcohol treatment;
Testimonials and recommendations, which may include a progress report from the person’s
probation or parole officer;
Education and training;
Employment history and aspirations;
The person’s family responsibilities;
Whether the person will be bonded in the occupation; and
Other evidence of rehabilitation or information the person submitted to the state agency or
board.
Section 1 continues to prohibit a state agency from denying an application for a license, permit,
certificate, or employment based on solely on the applicant’s lack of civil rights.
Section 1 requires an agency to request additional information from an applicant if it intends to
deny his or her application on the basis of a criminal background. Specifically, the agency must
request an informal meeting with the applicant and provide a written notice of:
The grounds or basis for the denial; and
Permission to bring character witnesses to the informal meeting to offer verbal or written
support.
The agency must allow the applicant to attend the meeting in person, by teleconference, or by
video conference. The section prohibits an agency from making an adverse inference based on
an applicant’s decision to not attend an informal meeting or to not include witnesses at the
meeting.
The agency must hold this informal meeting within 60 days after its receipt of a completed
application. Within 60 days of the informal meeting or submission of a complete application to
the agency, whichever is later, the agency must notify the applicant in writing the grounds or
basis for the denial.
Section 1 requires an agency that denies or intends to deny a license, permit, or certificate to
provide a notice with the following:
An explanation detailing what clear and convincing evidence exists that an applicant has not
been rehabilitated to safely perform the duties and responsibilities of the specific occupation,
trade, vocation, profession, or business; and BILL: SB 1124 Page 8
An indication of what procedure the applicant must follow to request an administrative
review and the applicable time limits for such administrative review.
The notice must be administratively reviewable pursuant to ss. 120.569 and 120.57, F.S.
Section 1 authorizes a person with a criminal record to petition a state agency at any time
(including while in confinement, under supervision, or before obtaining any required personal
qualification for a license, permit, or certification) for a binding agency decision as to whether
the person’s criminal record would disqualify him or her from obtaining the license, permit, or
certification. The petition must include the petitioner’s criminal record, or authorization for the
state agency to obtain the person’s criminal record. For the agency to make its decision, it must:
Consider whether granting the license, permit, or certification would pose a direct and
substantial risk to public safety because there is clear and convincing evidence that the
person has not been rehabilitated to safely perform the duties and responsibilities of the
specific occupation, trade, vocation, profession, or business for which the license, permit, or
certificate is sought;
Consider an applicant’s current circumstances and the mitigating factors; and
Follow the procedure for the denial.
An agency’s decision that a person is not disqualified is binding on the agency in any later
decision on the license, permit, or certificate application of that person unless there is a material
and adverse change that directly and specifically relates to the person’s criminal record. If an
agency decides that a license, permit, or certification should not be granted, then the agency must
advise the person of any action he or she can take to remedy the disqualification. The decision
must set a deadline for the petitioner to submit a revised petition reflecting completion of the
remedial actions. The petitioner cannot submit a new petition to the agency for 1 year following
the final decision on the initial petition or upon obtaining the required personal qualification for
the license, permit, or certificate, whichever is earlier.
Section 1 prohibits a state agency from using vague terms such as, “good moral character,”
“moral turpitude,” or “character and fitness” in its decision to disqualify a person from a license,
permit, or certification based on the person’s criminal record.
Section 2 amends s. 112.0111, F.S., to update the legislative intent regarding the restrictions on
the employment of ex-offenders. The section declares that the goal of this state is to make
employment opportunities available to ex-offenders in a manner that preserves and protects the
health, safety, and welfare of the general public, while still encouraging ex-offenders to become
productive members of society. The section takes away a state agency’s ability to restrict
occupational licenses, permits, certifications, and employment to ex-offenders based on statute,
administrative rule, or agency policy. Instead this section requires a state agency to follow the
state law.
Section 2 requires each state agency responsible for issuing licenses, permits, or certifications to
pursue, practice, or engage in an occupation, trade, vocation, profession, or business to annually
submit a report to the Governor, President of the Senate, and the Speaker of the House of
Representatives a report that includes the following:
The number of applicants with a criminal record who: BILL: SB 1124 Page 9
o Applied for each license, permit, or certificate in the prior year, and of that number, the
number of times the state agency granted the application and the number of times it
denied, withheld, or refused to grant a license, permit or certification because of an
applicant’s criminal history and the offense or offenses on which each decision to deny,
withhold, or refuse to grant the license, permit, or certification was based.
o Applied for renewal of a license, permit, or certificate in the prior year, and of that
number, the number of times the state agency granted an application for renewal and the
number of times it denied, withheld, or refused to renew a license, permit, or certification
because of an applicant’s criminal history and the offense or offenses on which each
decision to deny, withhold, or refuse to renew the license, permit, or certification was
based on.
The number of applicants petitioning each agency for a decision as to whether the person’s
criminal record would disqualify him or her from obtaining the license, permit, or
certification, in the prior year, the number of each agency’s approvals and denials of such
petition, and the offense or offenses for which each board approved or denied the petitions.
Any other data the agency deems relevant in fulfilling the legislative purpose identified in
this section.
The report must also be made publicly available on the agency’s website.
Section 3 amends s. 455.213, F.S., to replace the process for which a board responsible for
reviewing an applicant’s criminal history may determine an applicant’s eligibility for licensure,
permit, or certification with the process set forth by section 1 of the bill. The section also
prohibits an agency from using a criminal history record to determine good moral character. The
section does not prohibit a criminal history record check altogether.
Section 4 provides that the bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The mandate restrictions do not apply because the bill does not require
counties and municipalities to spend funds, reduce counties’ or municipalities’ ability to
raise revenue, or reduce the percentage of state tax shared with counties and
municipalities.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None. BILL: SB 1124 Page 10
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill is expected to have an indeterminate, negative fiscal impact on state agencies
that issue licenses, permits, or certifications for any occupation, trades, or vocations. The
bill shifts the burden on state agencies and creates a new process by which state agencies
must follow. As such the state agencies will be taking a significant workload under this
bill.
VI. Technical Deficiencies:
Criminal record is not defined, clarification is needed as to if both state and national criminal
history record are considered under this term.
VII. Related Issues:
The Department of Law Enforcement states that lines 140-163, may result in an individual being
improperly advised on whether or not his or her record would disqualify them prior to the true
application. An arrest could be present without a disposition and then when the application is
reviewed, the disposition is now present.
31
VIII. Statutes Affected:
This bill substantially amends sections 112.011, 112.0111, and 455.213 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
31
Florida Department of Law Enforcement, 2023 FDLE Legislative Bill Analysis, Mar. 3, 2023. (On File with Senate
Governmental Oversight and Accountability Committee) (Last visited Mar. 18, 2023). BILL: SB 1124 Page 11
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.