CS/HB 133 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to criminal history of licensees and 2
employees; amending s. 455.213, F.S.; providing a 3
period of time when a conviction, or any other 4
adjudication, for a crime may not be grounds for 5
denial of licensure as a barber or cosmetologist; 6
providing an exception; requiring the applicable board 7
to approve certain educational program credits offered 8
to inmates in certain institutions or facilities for 9
purposes of satisfying training requirements for 10
licensure as a barber or cosmetologist; amending s. 11
562.13; F.S.; repealing a provision prohibiting the 12
employment of certain individuals by a licensed 13
vendor; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Paragraph (b) of subsection (3) of se ction 18
455.213, Florida Statutes, is amended, paragraph (f) is added to 19
that subsection, and paragraph (a) of that subsection is 20
republished, to read: 21
455.213 General licensing provisions. — 22
(3)(a) Notwithstanding any other law, the applicable board 23
shall use the process in this subsection for review of an 24
applicant's criminal record to determine his or her eligibility 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for licensure as: 26
1. A barber under chapter 476; 27
2. A cosmetologist or cosmetology specialist under chapter 28
477; 29
3. Any of the follo wing construction professions under 30
chapter 489: 31
a. Air-conditioning contractor; 32
b. Electrical contractor; 33
c. Mechanical contractor; 34
d. Plumbing contractor; 35
e. Pollutant storage systems contractor; 36
f. Roofing contractor; 37
g. Sheet metal contra ctor; 38
h. Solar contractor; 39
i. Swimming pool and spa contractor; 40
j. Underground utility and excavation contractor; or 41
k. Other specialty contractors; or 42
4. Any other profession for which the department issues a 43
license, provided the profession is offered to inmates in any 44
correctional institution or correctional facility as vocational 45
training or through an industry certification program. 46
(b)1. A conviction, or any other adjudication, for a crime 47
more than 3 years before the date the application is received by 48
the applicable board may not be grounds for denial of a license 49
specified in subparagraph (a)1. or subparagraph (a)2. unless the 50
CS/HB 133 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
applicant was convicted of a crime at any time during the 3 -year 51
period immediately preceding the application. A conviction, or 52
any other adjudication, for a crime more than 5 years before the 53
date the application is received by the applicable board may not 54
be grounds for denial of a license specified in subparagraph 55
(a)3. or subparagraph (a)4. paragraph (a). For purposes of this 56
paragraph, the term "conviction" means a determination of guilt 57
that is the result of a plea or trial, regardless of whether 58
adjudication is withheld. This paragraph does not limit the 59
applicable board from considering an applicant's crimina l 60
history that includes a crime listed in s. 775.21(4)(a)1. or s. 61
776.08 at any time, but only if such criminal history has been 62
found to relate to the practice of the applicable profession. 63
2. The applicable board may consider the criminal history 64
of an applicant for licensure under subparagraph (a)3. if such 65
criminal history has been found to relate to good moral 66
character. 67
(f) The applicable board shall approve educational program 68
credits offered to inmates in any correctional institution or 69
correctional facility as vocational training or through an 70
industry certification program for purposes of satisfying 71
applicable training requirements for licensure in a profession 72
under subparagraph (a)1. or subparagraph (a)2. 73
Section 2. Subsection (3) of sect ion 562.13, Florida 74
Statutes, is amended to read: 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
562.13 Employment of minors or certain other persons by 76
certain vendors prohibited; exceptions. — 77
(3)(a) It is unlawful for any vendor licensed under the 78
beverage law to employ as a manager or person in charge or as a 79
bartender any person: 80
1. Who has been convicted within the last past 5 years of 81
any offense against the beverage laws of this state, the United 82
States, or any other state. 83
2. Who has been convicted within the last past 5 years in 84
this state or any other state or the United States of soliciting 85
for prostitution, pandering, letting premises for prostitution, 86
keeping a disorderly place, or any felony violation of chapter 87
893 or the controlled substances act of any other state or the 88
Federal Government. 89
3. Who has, in the last past 5 years, been convicted of 90
any felony in this state, any other state, or the United States. 91
92
The term "conviction" shall include an adjudication of guilt on 93
a plea of guilty or nolo contendere or forfeiture of a b ond when 94
such person is charged with a crime. 95
(b) This subsection shall not apply to any vendor licensed 96
under the provisions of s. 563.02(1)(a) or s. 564.02(1)(a). 97
Section 3. This act shall take effect July 1, 2024. 98