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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 disqualification from licensing, 2
permitting, or certification based on criminal 3
conviction; amending s. 112.011, F.S.; providing 4
definitions; prohibiting the denial of an application 5
for a license, permit, or certification because an 6
applicant was arrested, but not convicted, for a 7
crime; providing that an application for a license, 8
permit, or certification may only be denied based on 9
the applicant's prior conviction of a crime under 10
certain circumstances; requiring a state agency to 11
consider certain factors in determining whether an 12
applicant for a license, permit, or certification has 13
been rehabilitated; requiring a state agency to follow 14
certain procedures if it is denying an application for 15
a license, permit, or certification based on the 16
applicant's prior conviction; authorizing a person 17
with a prior conviction to petition a state agency at 18
any time for a determination as to whet her the person 19
is disqualified from obtaining a license, permit, or 20
certification; providing requirements for a state 21
agency in making such determination; authorizing a 22
person to submit a new petition after a specified 23
time; prohibiting the use of certain terms by a state 24
agency; amending s. 112.0111, F.S.; revising 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
legislative intent; revising state agency reporting 26
requirements; amending s. 120.60, F.S.; requiring an 27
agency to provide certain written notice to an 28
applicant for licensure; providing require ments for 29
such written notice; authorizing an applicant to 30
provide a rebuttal within a certain time period; 31
requiring an agency to make a decision on an 32
application for licensure within a certain time frame 33
and provide certain written notice to the applica nt; 34
providing that an agency decision is administratively 35
and judicially reviewable; requiring copies of certain 36
notices to be mailed or delivered to certain persons; 37
requiring an agency to certify the date certain 38
notices are mailed or delivered and file the same with 39
the agency clerk; amending ss. 310.071 455.213, 40
626.207, 626.9954, and 648.34, F.S.; conforming 41
provisions to changes made by the act; providing an 42
effective date. 43
44
Be It Enacted by the Legislature of the State of Florida: 45
46
Section 1. Subsections (1), (2), and (3) of section 47
112.011, Florida Statutes, are renumbered as subsections (3), 48
(4), and (5), respectively, present subsection (1) of that 49
section is amended, and new subsections (1) and (2) are added to 50
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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
that section, to read: 51
112.011 Disqualification from licensing , permitting, or 52
certification and public employment based on criminal 53
conviction.— 54
(1) For purposes of this section, the term: 55
(a) "Conviction" means a determination of guilt that is 56
the result of a plea or trial, r egardless of whether 57
adjudication is withheld, under either the laws of this state or 58
another jurisdiction. 59
(b) "Fiduciary duty" means a duty to act for someone 60
else's benefit while subordinating one's personal interest to 61
that of the other person. 62
(2) Notwithstanding any other law, a person may not be 63
denied a license, permit, or certification to pursue, practice, 64
or engage in an occupation, trade, vocation, profession, or 65
business by reason of the person's arrest for a crime which is 66
not followed by a conviction. However, if a person has criminal 67
charges pending that may serve as a basis for denial of a 68
license, permit, or certification to pursue, practice, or engage 69
in an occupation, trade, vocation, profession, or business under 70
paragraph (4)(a), a s tate agency may defer its decision on the 71
person's application for a license, permit, or certification 72
pending the resolution of the criminal charges. 73
(3)(1)(a) Except as provided in s. 775.16, a person may 74
not be disqualified from employment by the stat e, any of its 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
agencies or political subdivisions, or any municipality solely 76
because of a prior conviction for a crime. However, a person may 77
be denied employment by the state, any of its agencies or 78
political subdivisions, or any municipality by reason of the 79
prior conviction for a crime if the crime was a felony or first -80
degree misdemeanor and directly related to the position of 81
employment sought. 82
(4)(a)(b) Notwithstanding any other law Except as provided 83
in s. 775.16, a person may be denied a license, permit, or 84
certification to pursue, practice, or engage in an occupation, 85
trade, vocation, profession, or business by reason of the prior 86
conviction for a crime only if all of the following apply: 87
1. The crime was: 88
a. A felony or first-degree misdemeanor for which the 89
person was not incarcerated for the offense and was convicted 90
less than 3 years before a state agency considers his or her 91
application for a license, permit, or certification; 92
b. A forcible felony as defined in s. 776.08; 93
c. An offense involving a breach of a fiduciary duty; 94
d. An offense for a fraudulent practice under chapter 817 95
or a substantially similar offense under the laws of another 96
jurisdiction; or 97
e. A felony or first -degree misdemeanor for which the 98
person was incarcerated for the offense and his or her 99
incarceration ended less than 3 years before a state agency 100
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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
considers his or her application for a license, permit, or 101
certification. 102
2. The conviction directly and specifically relates to the 103
duties and responsibilities of the occupation, trade, vocation, 104
profession, or business for which the license, permit, or 105
certification is sought. 106
3. Granting the license, permit, or certification would 107
pose a direct and substantial risk to public safety becau se 108
there is clear and convincing evidence that the person has not 109
been rehabilitated to safely perform the duties and 110
responsibilities of the that is directly related to the 111
standards determined by the regulatory authority to be necessary 112
and reasonably related to the protection of the public health, 113
safety, and welfare for the specific occupation, trade, 114
vocation, profession, or business for which the license, permit, 115
or certificate is sought. 116
(b)(c) Notwithstanding any law to the contrary, a state 117
agency may not deny an application for a license, permit, 118
certificate, or employment based solely on the applicant's lack 119
of civil rights. However, this paragraph does not apply to 120
applications for a license to carry a concealed weapon or 121
firearm under chapter 790. 122
(c) In determining whether a person has or has not been 123
rehabilitated as required under paragraph (a) in order to grant 124
a license, permit, or certification, a state agency must 125
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consider the person's current circumstances and mitigating 126
factors, including all of the following factors: 127
1. The age of the person when he or she committed the 128
offense. 129
2. The amount of time that has elapsed since the person 130
committed the offense. 131
3. The circumstances surrounding and the nature of the 132
offense. 133
4. If the person completed his or her criminal sentence 134
and, if so, the amount of time that has passed since such 135
completion. 136
5. If the person received a certificate of rehabilitation 137
or good conduct. 138
6. If the person completed or is an active participant in 139
a rehabilitative drug or alcohol program. 140
7. Any testimonials or recommendations, including progress 141
reports from the person's probation or parole officer. 142
8. Any education and training the person has received. 143
9. The person's past employment histor y and his or her 144
aspirations. 145
10. The person's family responsibilities. 146
11. If the occupation, trade, vocation, profession, or 147
business for which the person seeks employment requires him or 148
her to be bonded. 149
12. Any other evidence of rehabilitation o r information 150
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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
that the person submits to the state agency. 151
(d) A state agency may deny an application for a license, 152
permit, or certification to pursue, practice, or engage in an 153
occupation, trade, vocation, profession, or business based on a 154
person's prior conviction only if the state agency provides 155
written notification to the person, in accordance with s. 156
120.60(3)(b). 157
(e)1. Notwithstanding any law to the contrary, a person 158
with a prior conviction for a crime may petition a state agency 159
at any time, including while in confinement, under supervision, 160
or before obtaining any required qualifications for a license, 161
permit, or certification, for a decision as to whether the 162
person's prior conviction will disqualify the person from 163
obtaining the license, pe rmit, or certification. The person must 164
include in the petition a record of his or her prior convictions 165
or authorize the state agency to obtain his or her record of 166
prior convictions. In reviewing the petition, the state agency 167
must determine if granting the license, permit, or certification 168
to such person would pose a direct and substantial risk to 169
public safety because there is clear and convincing evidence 170
that the person has not been rehabilitated to safely perform the 171
duties and responsibilities of th e specific occupation, trade, 172
vocation, profession, or business for which the license, permit, 173
or certification is sought. The state agency must follow the 174
requirements of s. 120.60(3)(b) when reviewing and making a 175
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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
decision on the petition. 176
2. If a state agency determines under subparagraph 1. that 177
a person is not disqualified for a license, permit, or 178
certification, such decision is binding on the state agency in 179
any later ruling on the person's formal application for a 180
license, permit, or certification unless the information 181
contained in the petition is subsequently found to be inaccurate 182
or incomplete, or the person is subsequently convicted of a 183
crime. 184
3. If a state agency determines under subparagraph 1. that 185
a person is disqualified f or a license, permit, or 186
certification, the state agency must advise the person of any 187
actions the person may take to remedy the disqualification. The 188
person may submit a revised petition reflecting completion of 189
the remedial actions before the deadline se t by the state agency 190
in its final decision on the petition. 191
4. A person may not submit a new petition to the state 192
agency until at least 1 year after a final decision on the 193
initial petition is rendered or the person obtains the required 194
qualifications for the license, permit, or certification, 195
whichever is earlier. 196
(f) Notwithstanding any law to the contrary, a state 197
agency may not use vague terms such as good moral character, 198
moral turpitude, or character and fitness in its decision to 199
disqualify a person from receiving a license, permit, or 200
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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
certification based on the person's prior conviction for a 201
crime. 202
Section 2. Section 112.0111, Florida Statutes, is amended 203
to read: 204
112.0111 Restrictions on the employment of ex -offenders; 205
legislative intent; state agency reporting requirements. — 206
(1) The Legislature declares that a goal of this state is 207
to clearly identify the occupations from which ex -offenders are 208
disqualified based on the nature of their offenses. The 209
Legislature seeks to make employment opportunities available to 210
ex-offenders in a manner that preserves and protects serves to 211
preserve and protect the health, safety, and welfare of the 212
general public, yet encourages ex-offenders them to become 213
productive members of society. To this end, s tate agencies that 214
exercise regulatory authority are in the best position to 215
identify all restrictions on employment imposed by the agencies 216
or by boards that regulate professions and occupations and are 217
obligated to protect the health, safety, and welfare of the 218
general public by clearly setting forth those restrictions in 219
keeping with statutory standards and protections determined by 220
the agencies to be in the least restrictive manner. 221
(2) Annually, each state agency, including, but not 222
limited to, those state agencies responsible for issuing 223
licenses, permits, or certifications to pursue, practice, or 224
engage in an occupation, trade, vocation, profession, or 225
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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
business must professional and occupational regulatory boards, 226
shall ensure the appropriate restri ctions necessary to protect 227
the overall health, safety, and welfare of the general public 228
are in place, and by December 31, 2011, and every 4 years 229
thereafter, submit to the Governor, the President of the Senate, 230
and the Speaker of the House of Representat ives, and post 231
publicly on its website, a report that includes all of the 232
following: 233
(a) The total number of applicants with a prior conviction 234
for a crime for a license, permit, or certification in the 235
previous year and, out of that number, the number o f times the 236
state agency granted an application and the number of times it 237
denied, withheld, or refused to grant an application because of 238
the applicant's prior conviction. The report must also specify 239
the offenses for which each decision to deny, withhold , or 240
refuse to grant an application for a license, permit, or 241
certification was based A list of all agency or board statutes 242
or rules that disqualify from employment or licensure persons 243
who have been convicted of a crime and have completed any 244
incarceration and restitution to which they have been sentenced 245
for such crime. 246
(b) The total number of applicants with a prior conviction 247
for a crime who petitioned the state agency under s. 248
112.011(2)(e) in the previous year and, out of that number, the 249
number of times the state agency approved and denied a petition. 250
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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
The report must also specify the offenses for which each 251
decision to approve and deny a petition was based A 252
determination of whether the disqualifying statutes or rules are 253
readily available to prospective employers and licensees . 254
(c) Any other data the state agency deems relevant in 255
fulfilling its purpose under this section The identification and 256
evaluation of alternatives to the disqualifying statutes or 257
rules which protect the health, sa fety, and welfare of the 258
general public without impeding the gainful employment of ex -259
offenders. 260
Section 3. Subsection (3) of section 120.60, Florida 261
Statutes, is amended to read: 262
120.60 Licensing.— 263
(3)(a) Except as provided in paragraph (b), each applicant 264
must shall be given written notice, personally or by mail, that 265
the agency intends to grant or deny, or has granted or denied, 266
the application for license. The notice must state with 267
particularity the grounds or basis for the issuance or denial o f 268
the license, except when issuance is a ministerial act. Unless 269
waived, a copy of the notice must shall be delivered or mailed 270
to each party's attorney of record and to each person who has 271
made a written request for notice of agency action. Each notice 272
must inform the recipient of the basis for the agency decision, 273
inform the recipient of any administrative hearing pursuant to 274
ss. 120.569 and 120.57 or judicial review pursuant to s. 120.68 275
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which may be available, indicate the procedure that must be 276
followed, and state the applicable time limits. The issuing 277
agency shall certify the date the notice was mailed or 278
delivered, and the notice and the certification must be filed 279
with the agency clerk. 280
(b) If an agency intends to deny an application for 281
licensure based on an applicant's prior conviction for a crime 282
as provided in s. 112.011, the agency must first provide the 283
applicant written notice, in person or by mail, of the agency's 284
intention consistent with this paragraph. 285
1.a. The written notice must stat e with particularity the 286
grounds or basis for the agency's intention to deny the 287
application for licensure. 288
b. The notice must inform the applicant that he or she 289
may, within 30 days after receipt of such notice, provide a 290
rebuttal with additional eviden ce of circumstances or 291
rehabilitation, including written support provided by character 292
witnesses, before the denial becomes final. 293
c. A copy of the written notice must be delivered or 294
mailed to each party's attorney of record, if applicable, and to 295
each person who has made a written request for notice of agency 296
action. The agency shall certify the date the notice was mailed 297
or delivered and the notice and the certification must be filed 298
with the agency clerk. 299
2. The agency must provide an applicant writ ten notice of 300
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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
its decision on the application for licensure within 60 days 301
after the deadline for submitting a rebuttal. If the agency 302
denies or intends to deny the application for licensure, the 303
agency must specify the clear and convincing evidence on whi ch 304
the agency based its determination. The agency's decision is 305
reviewable administratively pursuant to ss. 120.569 and 120.57 306
and judicially pursuant to s. 120.68. The written notice must 307
include the procedure and applicable time frames that must be 308
followed to seek administrative review. The written notice must 309
also state the earliest date on which the applicant may submit 310
another application for licensure. A copy of the written notice 311
must be delivered or mailed to each party's attorney of record, 312
if applicable, and to each person who has made a written request 313
for notice of agency action. The agency shall certify the date 314
the notice was mailed or delivered and the notice and the 315
certification must be filed with the agency clerk. 316
Section 4. Subsection (4) of section 310.071, Florida 317
Statutes, is amended to read: 318
310.071 Deputy pilot certification. — 319
(4) The board must follow the requirements in s. 320
112.011(4) before Notwithstanding s. 112.011 or any other 321
provision of law relating to the restoration of civil rights, an 322
applicant may shall be disqualified from applying for or and 323
shall be denied a deputy pilot certificate if the applicant, 324
regardless of adjudication, has ever been found guilty of, or 325
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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
pled guilty or nolo contendere to, a charge which wa s: 326
(a) A felony or first degree misdemeanor which directly 327
related to the navigation or operation of a vessel; or 328
(b) A felony involving the sale of or trafficking in, or 329
conspiracy to sell or traffic in, a controlled substance as 330
defined by chapter 893, or an offense under the laws of any 331
state or country which, if committed in this state, would 332
constitute the felony of selling or trafficking in, or 333
conspiracy to sell or traffic in, such controlled substance . 334
Section 5. Paragraphs (c), (d), and (e) of subsection (3) 335
of section 455.213, Florida Statutes, are redesignated as 336
paragraphs (a), (b), and (c), respectively, and present 337
paragraphs (a) and (b) of subsection (3) and subsection (11) of 338
that section are amended, to read: 339
455.213 General licensing provisions. — 340
(3)(a) Notwithstanding any other law, the applicable board 341
shall use the process in s. 112.011(4) this subsection for 342
review of an applicant's criminal record to determine his or her 343
eligibility for a license, permit, or certification. licensure 344
as: 345
1. A barber under chapter 476; 346
2. A cosmetologist or cosmetology specialist under chapter 347
477; 348
3. Any of the following construction professions under 349
chapter 489: 350
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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. Air-conditioning contractor; 351
b. Electrical contractor; 352
c. Mechanical contractor; 353
d. Plumbing contractor; 354
e. Pollutant storage systems contractor; 355
f. Roofing contractor; 356
g. Sheet metal contractor; 357
h. Solar contractor; 358
i. Swimming pool and spa contractor; 359
j. Underground utility and excavation contractor; or 360
k. Other specialty contractors; or 361
4. Any other profession for which the department issues a 362
license, provided the profession is offered to inmates in any 363
correctional institution or correctional facility as vocational 364
training or through an industry certification program. 365
(b)1. A conviction, or any other adjudication, for a crime 366
more than 5 years before the date the application is received by 367
the applicable board may not be grounds for denial of a license 368
specified in paragraph (a). For purposes of this paragraph, the 369
term "conviction" means a determination of guilt that is the 370
result of a plea or trial, regardless of whether adjudication is 371
withheld. This paragraph does not limit the applicable board 372
from considering an app licant's criminal history that includes a 373
crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but 374
only if such criminal history has been found to relate to the 375
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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
practice of the applicable profession. 376
2. The applicable board may consider the crimin al history 377
of an applicant for licensure under subparagraph (a)3. if such 378
criminal history has been found to relate to good moral 379
character. 380
(11) For any profession requiring fingerprints as part of 381
the registration, certification, or licensure process o r for any 382
profession requiring a criminal history record check to 383
determine good moral character , the fingerprints of the 384
applicant must accompany all applications for registration, 385
certification, or licensure. The fingerprints must shall be 386
forwarded to the Division of Criminal Justice Information 387
Systems within the Department of Law Enforcement for processing 388
to determine whether the applicant has a criminal history 389
record. The fingerprints must shall also be forwarded to the 390
Federal Bureau of Investigati on to determine whether the 391
applicant has a criminal history record. The information 392
obtained by the processing of the fingerprints by the Department 393
of Law Enforcement and the Federal Bureau of Investigation must 394
shall be sent to the department to determi ne whether the 395
applicant is statutorily qualified for registration, 396
certification, or licensure. 397
Section 6. Subsection (9) of section 626.207, Florida 398
Statutes, is amended to read: 399
626.207 Disqualification of applicants and licensees; 400
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penalties against licensees; rulemaking authority. — 401
(9) Section 112.011(4) applies 112.011 does not apply to 402
any applicants for licensure under the Florida Insurance Code, 403
including, but not limited to, agents, agencies, adjusters, 404
adjusting firms, or customer represen tatives. 405
Section 7. Subsection (8) of section 626.9954, Florida 406
Statutes, is amended to read: 407
626.9954 Disqualification from registration. — 408
(8) Section 112.011(4) applies 112.011 does not apply to 409
an applicant for registration as a navigator. 410
Section 8. Subsection (7) of section 648.34, Florida 411
Statutes, is amended to read: 412
648.34 Bail bond agents; qualifications. — 413
(7) Section 112.011(4) applies The provisions of s. 414
112.011 do not apply to bail bond agents or to applicants for 415
licensure as bail bond agents. 416
Section 9. This act shall take effect July 1, 2024. 417