FL
Florida House Bill H0751

Florida 2024 Regular Session

Florida House Bill H0751 Compare Versions

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1010 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
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1414 A bill to be entitled 1
15-An act relating to use of criminal history in 2
16-licensing; amending s. 112.0111, F.S.; revising 3
17-legislative intent; revising state agency reporting 4
18-requirements; defining the term "conviction"; amending 5
19-s. 455.213, F.S.; authorizing applicable boards or the 6
20-Department of Business and Professional Regulation to 7
21-make certain findings relating to rehabilitation 8
22-during licensing decisions; providing factors that 9
23-must be considered in making such findings; defining 10
24-the term "conviction"; providing an effective date. 11
25- 12
26-Be It Enacted by the Legislature of the State of Florida: 13
27- 14
28- Section 1. Section 112.0111, Florida Statutes, is amended 15
29-to read: 16
30- 112.0111 Restriction s on the employment of ex -offenders; 17
31-legislative intent; state agency reporting requirements. — 18
32- (1) The Legislature declares that a goal of this state is 19
33-to clearly identify the occupations from which ex -offenders are 20
34-disqualified based on the nature of t heir offenses. The 21
35-Legislature seeks to make employment opportunities available to 22
36-ex-offenders in a manner that preserves and protects serves to 23
37-preserve and protect the health, safety, and welfare of the 24
38-general public, yet encourages ex-offenders them to become 25
15+An act relating to disqualification from licensing, 2
16+permitting, or certification based on criminal 3
17+conviction; amending s. 112.011, F.S.; providing 4
18+definitions; prohibiting the denial of an application 5
19+for a license, permit, or certification because an 6
20+applicant was arrested, but not convicted, for a 7
21+crime; providing that an application for a license, 8
22+permit, or certification may only be denied based on 9
23+the applicant's prior conviction of a crime under 10
24+certain circumstances; requiring a state agency to 11
25+consider certain factors in determining whether an 12
26+applicant for a license, permit, or certification has 13
27+been rehabilitated; requiring a state agency to follow 14
28+certain procedures if it is denying an application for 15
29+a license, permit, or certification based on the 16
30+applicant's prior conviction; authorizing a person 17
31+with a prior conviction to petition a state agency at 18
32+any time for a determination as to whet her the person 19
33+is disqualified from obtaining a license, permit, or 20
34+certification; providing requirements for a state 21
35+agency in making such determination; authorizing a 22
36+person to submit a new petition after a specified 23
37+time; prohibiting the use of certain terms by a state 24
38+agency; amending s. 112.0111, F.S.; revising 25
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4747 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
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51-productive members of society. To this end, state agencies that 26
52-exercise regulatory authority are in the best position to 27
53-identify all restrictions on employment imposed by the agencies 28
54-or by boards that regulate professions and occupations and ar e 29
55-obligated to protect the health, safety, and welfare of the 30
56-general public by clearly setting forth those restrictions in 31
57-keeping with statutory standards and protections determined by 32
58-the agencies to be in the least restrictive manner. 33
59- (2) Beginning March 1, 2025, and annually thereafter, each 34
60-state agency, including, but not limited to, those state 35
61-agencies responsible for issuing licenses, permits, or 36
62-certifications to pursue, practice, or engage in an occupation, 37
63-trade, vocation, profession, or busi ness must post and maintain 38
64-publicly on its website professional and occupational regulatory 39
65-boards, shall ensure the appropriate restrictions necessary to 40
66-protect the overall health, safety, and welfare of the general 41
67-public are in place, and by December 31, 2011, and every 4 years 42
68-thereafter, submit to the Governor, the President of the Senate, 43
69-and the Speaker of the House of Representatives a report that 44
70-includes all of the following : 45
71- (a) The total number of applications received by the state 46
72-agency in the previous calendar year for a license, permit, or 47
73-certification for which the applicant had a prior conviction, or 48
74-any other adjudication, for a crime A list of all agency or 49
75-board statutes or rules that disqualify from employment or 50
51+legislative intent; revising state agency reporting 26
52+requirements; amending s. 120.60, F.S.; requiring an 27
53+agency to provide certain written notice to an 28
54+applicant for licensure; providing require ments for 29
55+such written notice; authorizing an applicant to 30
56+provide a rebuttal within a certain time period; 31
57+requiring an agency to make a decision on an 32
58+application for licensure within a certain time frame 33
59+and provide certain written notice to the applica nt; 34
60+providing that an agency decision is administratively 35
61+and judicially reviewable; requiring copies of certain 36
62+notices to be mailed or delivered to certain persons; 37
63+requiring an agency to certify the date certain 38
64+notices are mailed or delivered and file the same with 39
65+the agency clerk; amending ss. 310.071 455.213, 40
66+626.207, 626.9954, and 648.34, F.S.; conforming 41
67+provisions to changes made by the act; providing an 42
68+effective date. 43
69+ 44
70+Be It Enacted by the Legislature of the State of Florida: 45
71+ 46
72+ Section 1. Subsections (1), (2), and (3) of section 47
73+112.011, Florida Statutes, are renumbered as subsections (3), 48
74+(4), and (5), respectively, present subsection (1) of that 49
75+section is amended, and new subsections (1) and (2) are added to 50
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8484 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
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88-licensure persons who have been convicted of a crime and have 51
89-completed any incarceration and restitution to which they have 52
90-been sentenced for such crime . 53
91- (b) Out of the number of applications received in 54
92-paragraph (a), the number of times the state agency denied, 55
93-withheld, or refused to grant an application because of the 56
94-applicant's prior conviction, or any other adjudication, of a 57
95-crime. The report must also specify the crimes for which each 58
96-decision to deny, withhold, or refuse to grant an application 59
97-for a license, permit, or certification was based A 60
98-determination of whether the disqualifying statutes or rules are 61
99-readily available to prospective employers and licensees . 62
100- (c) Out of the number of applications received in 63
101-paragraph (a), the number of times the state agency granted an 64
102-application in which the applicant had a prior conviction, or 65
103-any other adjudication, of a crime. The report must also specify 66
104-the crimes in such applications which were not used as a basis 67
105-for denial The identification and evaluation of alternatives to 68
106-the disqualifying statutes or rules which protect the health, 69
107-safety, and welfare of the general public without impeding the 70
108-gainful employment of ex -offenders. 71
109- (d) The information provided by the state agency under 72
110-paragraphs (a), (b), a nd (c), broken down by the specific type 73
111-of application submitted and the types of licenses, permits, or 74
112-certifications sought, including if the applicant is a resident 75
88+that section, to read: 51
89+ 112.011 Disqualification from licensing , permitting, or 52
90+certification and public employment based on criminal 53
91+conviction.— 54
92+ (1) For purposes of this section, the term: 55
93+ (a) "Conviction" means a determination of guilt that is 56
94+the result of a plea or trial, r egardless of whether 57
95+adjudication is withheld, under either the laws of this state or 58
96+another jurisdiction. 59
97+ (b) "Fiduciary duty" means a duty to act for someone 60
98+else's benefit while subordinating one's personal interest to 61
99+that of the other person. 62
100+ (2) Notwithstanding any other law, a person may not be 63
101+denied a license, permit, or certification to pursue, practice, 64
102+or engage in an occupation, trade, vocation, profession, or 65
103+business by reason of the person's arrest for a crime which is 66
104+not followed by a conviction. However, if a person has criminal 67
105+charges pending that may serve as a basis for denial of a 68
106+license, permit, or certification to pursue, practice, or engage 69
107+in an occupation, trade, vocation, profession, or business under 70
108+paragraph (4)(a), a s tate agency may defer its decision on the 71
109+person's application for a license, permit, or certification 72
110+pending the resolution of the criminal charges. 73
111+ (3)(1)(a) Except as provided in s. 775.16, a person may 74
112+not be disqualified from employment by the stat e, any of its 75
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121121 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
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125-of the state or an out -of-state resident. 76
126- (e) Any other information or data the state agency deems 77
127-relevant in fulfilling its purpose under this section. 78
128- (3) For purposes of this section, the term "conviction" 79
129-means a determination of guilt that is the result of a plea or 80
130-trial, regardless of whether adjudication is withheld. 81
131- Section 2. Subsection (15) of section 455.213, Florida 82
132-Statutes, is renumbered as subsection (16), and a new subsection 83
133-(15) is added to that section, to read: 84
134- 455.213 General licensing provisions. — 85
135- (15) Each applicable board, or the department if there is 86
136-no board, may make a finding that an applicant for a license has 87
137-been rehabilitated after a conviction, or any other 88
138-adjudication, for a crime. Based on such finding, the board, or 89
139-the department if there is no board, may grant a license 90
140-regardless of an app licant's prior conviction, or any other 91
141-adjudication, for a crime. Such finding must be made based on 92
142-the following factors: 93
143- (a) The age of the person when he or she committed the 94
144-crime. 95
145- (b) The amount of time that has elapsed since the person 96
146-committed the crime. 97
147- (c) The circumstances surrounding and the nature of the 98
148-crime. 99
149- (d) If the person completed his or her criminal sentence 100
125+agencies or political subdivisions, or any municipality solely 76
126+because of a prior conviction for a crime. However, a person may 77
127+be denied employment by the state, any of its agencies or 78
128+political subdivisions, or any municipality by reason of the 79
129+prior conviction for a crime if the crime was a felony or first -80
130+degree misdemeanor and directly related to the position of 81
131+employment sought. 82
132+ (4)(a)(b) Notwithstanding any other law Except as provided 83
133+in s. 775.16, a person may be denied a license, permit, or 84
134+certification to pursue, practice, or engage in an occupation, 85
135+trade, vocation, profession, or business by reason of the prior 86
136+conviction for a crime only if all of the following apply: 87
137+ 1. The crime was: 88
138+ a. A felony or first-degree misdemeanor for which the 89
139+person was not incarcerated for the offense and was convicted 90
140+less than 3 years before a state agency considers his or her 91
141+application for a license, permit, or certification; 92
142+ b. A forcible felony as defined in s. 776.08; 93
143+ c. An offense involving a breach of a fiduciary duty; 94
144+ d. An offense for a fraudulent practice under chapter 817 95
145+or a substantially similar offense under the laws of another 96
146+jurisdiction; or 97
147+ e. A felony or first -degree misdemeanor for which the 98
148+person was incarcerated for the offense and his or her 99
149+incarceration ended less than 3 years before a state agency 100
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158158 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
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162-and, if so, the amount of time that has passed since such 101
163-completion. 102
164- (e) If the person received a certificate of reh abilitation 103
165-or good conduct. 104
166- (f) If the person completed or is an active participant in 105
167-a rehabilitative drug or alcohol program. 106
168- (g) Any testimonials or recommendations, including 107
169-progress reports from the person's probation or parole officer. 108
170- (h) Any education and training the person has received. 109
171- (i) The person's past employment history and his or her 110
172-employment aspirations. 111
173- (j) The person's family responsibilities. 112
174- (k) If the occupation, trade, vocation, profession, or 113
175-business for which the person seeks employment requires him or 114
176-her to be bonded. 115
177- (l) Any other evidence of rehabilitation or information 116
178-that the person submits to the board or department. 117
179- 118
180-For purposes of this subsection, the term "conviction" means a 119
181-determination of guilt that is the result of a plea or trial, 120
182-regardless of whether adjudication is withheld. 121
183- Section 3. This act shall take effect July 1, 2024. 122
162+considers his or her application for a license, permit, or 101
163+certification. 102
164+ 2. The conviction directly and specifically relates to the 103
165+duties and responsibilities of the occupation, trade, vocation, 104
166+profession, or business for which the license, permit, or 105
167+certification is sought. 106
168+ 3. Granting the license, permit, or certification would 107
169+pose a direct and substantial risk to public safety becau se 108
170+there is clear and convincing evidence that the person has not 109
171+been rehabilitated to safely perform the duties and 110
172+responsibilities of the that is directly related to the 111
173+standards determined by the regulatory authority to be necessary 112
174+and reasonably related to the protection of the public health, 113
175+safety, and welfare for the specific occupation, trade, 114
176+vocation, profession, or business for which the license, permit, 115
177+or certificate is sought. 116
178+ (b)(c) Notwithstanding any law to the contrary, a state 117
179+agency may not deny an application for a license, permit, 118
180+certificate, or employment based solely on the applicant's lack 119
181+of civil rights. However, this paragraph does not apply to 120
182+applications for a license to carry a concealed weapon or 121
183+firearm under chapter 790. 122
184+ (c) In determining whether a person has or has not been 123
185+rehabilitated as required under paragraph (a) in order to grant 124
186+a license, permit, or certification, a state agency must 125
187+
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195+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
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199+consider the person's current circumstances and mitigating 126
200+factors, including all of the following factors: 127
201+ 1. The age of the person when he or she committed the 128
202+offense. 129
203+ 2. The amount of time that has elapsed since the person 130
204+committed the offense. 131
205+ 3. The circumstances surrounding and the nature of the 132
206+offense. 133
207+ 4. If the person completed his or her criminal sentence 134
208+and, if so, the amount of time that has passed since such 135
209+completion. 136
210+ 5. If the person received a certificate of rehabilitation 137
211+or good conduct. 138
212+ 6. If the person completed or is an active participant in 139
213+a rehabilitative drug or alcohol program. 140
214+ 7. Any testimonials or recommendations, including progress 141
215+reports from the person's probation or parole officer. 142
216+ 8. Any education and training the person has received. 143
217+ 9. The person's past employment histor y and his or her 144
218+aspirations. 145
219+ 10. The person's family responsibilities. 146
220+ 11. If the occupation, trade, vocation, profession, or 147
221+business for which the person seeks employment requires him or 148
222+her to be bonded. 149
223+ 12. Any other evidence of rehabilitation o r information 150
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232+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
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236+that the person submits to the state agency. 151
237+ (d) A state agency may deny an application for a license, 152
238+permit, or certification to pursue, practice, or engage in an 153
239+occupation, trade, vocation, profession, or business based on a 154
240+person's prior conviction only if the state agency provides 155
241+written notification to the person, in accordance with s. 156
242+120.60(3)(b). 157
243+ (e)1. Notwithstanding any law to the contrary, a person 158
244+with a prior conviction for a crime may petition a state agency 159
245+at any time, including while in confinement, under supervision, 160
246+or before obtaining any required qualifications for a license, 161
247+permit, or certification, for a decision as to whether the 162
248+person's prior conviction will disqualify the person from 163
249+obtaining the license, pe rmit, or certification. The person must 164
250+include in the petition a record of his or her prior convictions 165
251+or authorize the state agency to obtain his or her record of 166
252+prior convictions. In reviewing the petition, the state agency 167
253+must determine if granting the license, permit, or certification 168
254+to such person would pose a direct and substantial risk to 169
255+public safety because there is clear and convincing evidence 170
256+that the person has not been rehabilitated to safely perform the 171
257+duties and responsibilities of th e specific occupation, trade, 172
258+vocation, profession, or business for which the license, permit, 173
259+or certification is sought. The state agency must follow the 174
260+requirements of s. 120.60(3)(b) when reviewing and making a 175
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269+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
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273+decision on the petition. 176
274+ 2. If a state agency determines under subparagraph 1. that 177
275+a person is not disqualified for a license, permit, or 178
276+certification, such decision is binding on the state agency in 179
277+any later ruling on the person's formal application for a 180
278+license, permit, or certification unless the information 181
279+contained in the petition is subsequently found to be inaccurate 182
280+or incomplete, or the person is subsequently convicted of a 183
281+crime. 184
282+ 3. If a state agency determines under subparagraph 1. that 185
283+a person is disqualified f or a license, permit, or 186
284+certification, the state agency must advise the person of any 187
285+actions the person may take to remedy the disqualification. The 188
286+person may submit a revised petition reflecting completion of 189
287+the remedial actions before the deadline se t by the state agency 190
288+in its final decision on the petition. 191
289+ 4. A person may not submit a new petition to the state 192
290+agency until at least 1 year after a final decision on the 193
291+initial petition is rendered or the person obtains the required 194
292+qualifications for the license, permit, or certification, 195
293+whichever is earlier. 196
294+ (f) Notwithstanding any law to the contrary, a state 197
295+agency may not use vague terms such as good moral character, 198
296+moral turpitude, or character and fitness in its decision to 199
297+disqualify a person from receiving a license, permit, or 200
298+
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306+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
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310+certification based on the person's prior conviction for a 201
311+crime. 202
312+ Section 2. Section 112.0111, Florida Statutes, is amended 203
313+to read: 204
314+ 112.0111 Restrictions on the employment of ex -offenders; 205
315+legislative intent; state agency reporting requirements. — 206
316+ (1) The Legislature declares that a goal of this state is 207
317+to clearly identify the occupations from which ex -offenders are 208
318+disqualified based on the nature of their offenses. The 209
319+Legislature seeks to make employment opportunities available to 210
320+ex-offenders in a manner that preserves and protects serves to 211
321+preserve and protect the health, safety, and welfare of the 212
322+general public, yet encourages ex-offenders them to become 213
323+productive members of society. To this end, s tate agencies that 214
324+exercise regulatory authority are in the best position to 215
325+identify all restrictions on employment imposed by the agencies 216
326+or by boards that regulate professions and occupations and are 217
327+obligated to protect the health, safety, and welfare of the 218
328+general public by clearly setting forth those restrictions in 219
329+keeping with statutory standards and protections determined by 220
330+the agencies to be in the least restrictive manner. 221
331+ (2) Annually, each state agency, including, but not 222
332+limited to, those state agencies responsible for issuing 223
333+licenses, permits, or certifications to pursue, practice, or 224
334+engage in an occupation, trade, vocation, profession, or 225
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343+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
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347+business must professional and occupational regulatory boards, 226
348+shall ensure the appropriate restri ctions necessary to protect 227
349+the overall health, safety, and welfare of the general public 228
350+are in place, and by December 31, 2011, and every 4 years 229
351+thereafter, submit to the Governor, the President of the Senate, 230
352+and the Speaker of the House of Representat ives, and post 231
353+publicly on its website, a report that includes all of the 232
354+following: 233
355+ (a) The total number of applicants with a prior conviction 234
356+for a crime for a license, permit, or certification in the 235
357+previous year and, out of that number, the number o f times the 236
358+state agency granted an application and the number of times it 237
359+denied, withheld, or refused to grant an application because of 238
360+the applicant's prior conviction. The report must also specify 239
361+the offenses for which each decision to deny, withhold , or 240
362+refuse to grant an application for a license, permit, or 241
363+certification was based A list of all agency or board statutes 242
364+or rules that disqualify from employment or licensure persons 243
365+who have been convicted of a crime and have completed any 244
366+incarceration and restitution to which they have been sentenced 245
367+for such crime. 246
368+ (b) The total number of applicants with a prior conviction 247
369+for a crime who petitioned the state agency under s. 248
370+112.011(2)(e) in the previous year and, out of that number, the 249
371+number of times the state agency approved and denied a petition. 250
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384+The report must also specify the offenses for which each 251
385+decision to approve and deny a petition was based A 252
386+determination of whether the disqualifying statutes or rules are 253
387+readily available to prospective employers and licensees . 254
388+ (c) Any other data the state agency deems relevant in 255
389+fulfilling its purpose under this section The identification and 256
390+evaluation of alternatives to the disqualifying statutes or 257
391+rules which protect the health, sa fety, and welfare of the 258
392+general public without impeding the gainful employment of ex -259
393+offenders. 260
394+ Section 3. Subsection (3) of section 120.60, Florida 261
395+Statutes, is amended to read: 262
396+ 120.60 Licensing.— 263
397+ (3)(a) Except as provided in paragraph (b), each applicant 264
398+must shall be given written notice, personally or by mail, that 265
399+the agency intends to grant or deny, or has granted or denied, 266
400+the application for license. The notice must state with 267
401+particularity the grounds or basis for the issuance or denial o f 268
402+the license, except when issuance is a ministerial act. Unless 269
403+waived, a copy of the notice must shall be delivered or mailed 270
404+to each party's attorney of record and to each person who has 271
405+made a written request for notice of agency action. Each notice 272
406+must inform the recipient of the basis for the agency decision, 273
407+inform the recipient of any administrative hearing pursuant to 274
408+ss. 120.569 and 120.57 or judicial review pursuant to s. 120.68 275
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417+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
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421+which may be available, indicate the procedure that must be 276
422+followed, and state the applicable time limits. The issuing 277
423+agency shall certify the date the notice was mailed or 278
424+delivered, and the notice and the certification must be filed 279
425+with the agency clerk. 280
426+ (b) If an agency intends to deny an application for 281
427+licensure based on an applicant's prior conviction for a crime 282
428+as provided in s. 112.011, the agency must first provide the 283
429+applicant written notice, in person or by mail, of the agency's 284
430+intention consistent with this paragraph. 285
431+ 1.a. The written notice must stat e with particularity the 286
432+grounds or basis for the agency's intention to deny the 287
433+application for licensure. 288
434+ b. The notice must inform the applicant that he or she 289
435+may, within 30 days after receipt of such notice, provide a 290
436+rebuttal with additional eviden ce of circumstances or 291
437+rehabilitation, including written support provided by character 292
438+witnesses, before the denial becomes final. 293
439+ c. A copy of the written notice must be delivered or 294
440+mailed to each party's attorney of record, if applicable, and to 295
441+each person who has made a written request for notice of agency 296
442+action. The agency shall certify the date the notice was mailed 297
443+or delivered and the notice and the certification must be filed 298
444+with the agency clerk. 299
445+ 2. The agency must provide an applicant writ ten notice of 300
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451+CODING: Words stricken are deletions; words underlined are additions.
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454+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
455+
456+
457+
458+its decision on the application for licensure within 60 days 301
459+after the deadline for submitting a rebuttal. If the agency 302
460+denies or intends to deny the application for licensure, the 303
461+agency must specify the clear and convincing evidence on whi ch 304
462+the agency based its determination. The agency's decision is 305
463+reviewable administratively pursuant to ss. 120.569 and 120.57 306
464+and judicially pursuant to s. 120.68. The written notice must 307
465+include the procedure and applicable time frames that must be 308
466+followed to seek administrative review. The written notice must 309
467+also state the earliest date on which the applicant may submit 310
468+another application for licensure. A copy of the written notice 311
469+must be delivered or mailed to each party's attorney of record, 312
470+if applicable, and to each person who has made a written request 313
471+for notice of agency action. The agency shall certify the date 314
472+the notice was mailed or delivered and the notice and the 315
473+certification must be filed with the agency clerk. 316
474+ Section 4. Subsection (4) of section 310.071, Florida 317
475+Statutes, is amended to read: 318
476+ 310.071 Deputy pilot certification. — 319
477+ (4) The board must follow the requirements in s. 320
478+112.011(4) before Notwithstanding s. 112.011 or any other 321
479+provision of law relating to the restoration of civil rights, an 322
480+applicant may shall be disqualified from applying for or and 323
481+shall be denied a deputy pilot certificate if the applicant, 324
482+regardless of adjudication, has ever been found guilty of, or 325
483+
484+HB 751 2024
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486+
487+
488+CODING: Words stricken are deletions; words underlined are additions.
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491+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
492+
493+
494+
495+pled guilty or nolo contendere to, a charge which wa s: 326
496+ (a) A felony or first degree misdemeanor which directly 327
497+related to the navigation or operation of a vessel; or 328
498+ (b) A felony involving the sale of or trafficking in, or 329
499+conspiracy to sell or traffic in, a controlled substance as 330
500+defined by chapter 893, or an offense under the laws of any 331
501+state or country which, if committed in this state, would 332
502+constitute the felony of selling or trafficking in, or 333
503+conspiracy to sell or traffic in, such controlled substance . 334
504+ Section 5. Paragraphs (c), (d), and (e) of subsection (3) 335
505+of section 455.213, Florida Statutes, are redesignated as 336
506+paragraphs (a), (b), and (c), respectively, and present 337
507+paragraphs (a) and (b) of subsection (3) and subsection (11) of 338
508+that section are amended, to read: 339
509+ 455.213 General licensing provisions. — 340
510+ (3)(a) Notwithstanding any other law, the applicable board 341
511+shall use the process in s. 112.011(4) this subsection for 342
512+review of an applicant's criminal record to determine his or her 343
513+eligibility for a license, permit, or certification. licensure 344
514+as: 345
515+ 1. A barber under chapter 476; 346
516+ 2. A cosmetologist or cosmetology specialist under chapter 347
517+477; 348
518+ 3. Any of the following construction professions under 349
519+chapter 489: 350
520+
521+HB 751 2024
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523+
524+
525+CODING: Words stricken are deletions; words underlined are additions.
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528+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
529+
530+
531+
532+ a. Air-conditioning contractor; 351
533+ b. Electrical contractor; 352
534+ c. Mechanical contractor; 353
535+ d. Plumbing contractor; 354
536+ e. Pollutant storage systems contractor; 355
537+ f. Roofing contractor; 356
538+ g. Sheet metal contractor; 357
539+ h. Solar contractor; 358
540+ i. Swimming pool and spa contractor; 359
541+ j. Underground utility and excavation contractor; or 360
542+ k. Other specialty contractors; or 361
543+ 4. Any other profession for which the department issues a 362
544+license, provided the profession is offered to inmates in any 363
545+correctional institution or correctional facility as vocational 364
546+training or through an industry certification program. 365
547+ (b)1. A conviction, or any other adjudication, for a crime 366
548+more than 5 years before the date the application is received by 367
549+the applicable board may not be grounds for denial of a license 368
550+specified in paragraph (a). For purposes of this paragraph, the 369
551+term "conviction" means a determination of guilt that is the 370
552+result of a plea or trial, regardless of whether adjudication is 371
553+withheld. This paragraph does not limit the applicable board 372
554+from considering an app licant's criminal history that includes a 373
555+crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but 374
556+only if such criminal history has been found to relate to the 375
557+
558+HB 751 2024
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561+
562+CODING: Words stricken are deletions; words underlined are additions.
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565+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
566+
567+
568+
569+practice of the applicable profession. 376
570+ 2. The applicable board may consider the crimin al history 377
571+of an applicant for licensure under subparagraph (a)3. if such 378
572+criminal history has been found to relate to good moral 379
573+character. 380
574+ (11) For any profession requiring fingerprints as part of 381
575+the registration, certification, or licensure process o r for any 382
576+profession requiring a criminal history record check to 383
577+determine good moral character , the fingerprints of the 384
578+applicant must accompany all applications for registration, 385
579+certification, or licensure. The fingerprints must shall be 386
580+forwarded to the Division of Criminal Justice Information 387
581+Systems within the Department of Law Enforcement for processing 388
582+to determine whether the applicant has a criminal history 389
583+record. The fingerprints must shall also be forwarded to the 390
584+Federal Bureau of Investigati on to determine whether the 391
585+applicant has a criminal history record. The information 392
586+obtained by the processing of the fingerprints by the Department 393
587+of Law Enforcement and the Federal Bureau of Investigation must 394
588+shall be sent to the department to determi ne whether the 395
589+applicant is statutorily qualified for registration, 396
590+certification, or licensure. 397
591+ Section 6. Subsection (9) of section 626.207, Florida 398
592+Statutes, is amended to read: 399
593+ 626.207 Disqualification of applicants and licensees; 400
594+
595+HB 751 2024
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602+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
603+
604+
605+
606+penalties against licensees; rulemaking authority. — 401
607+ (9) Section 112.011(4) applies 112.011 does not apply to 402
608+any applicants for licensure under the Florida Insurance Code, 403
609+including, but not limited to, agents, agencies, adjusters, 404
610+adjusting firms, or customer represen tatives. 405
611+ Section 7. Subsection (8) of section 626.9954, Florida 406
612+Statutes, is amended to read: 407
613+ 626.9954 Disqualification from registration. — 408
614+ (8) Section 112.011(4) applies 112.011 does not apply to 409
615+an applicant for registration as a navigator. 410
616+ Section 8. Subsection (7) of section 648.34, Florida 411
617+Statutes, is amended to read: 412
618+ 648.34 Bail bond agents; qualifications. — 413
619+ (7) Section 112.011(4) applies The provisions of s. 414
620+112.011 do not apply to bail bond agents or to applicants for 415
621+licensure as bail bond agents. 416
622+ Section 9. This act shall take effect July 1, 2024. 417