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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 use of criminal history in 2
licensing; amending s. 112.0111, F.S.; revising 3
legislative intent; revising state agency reporting 4
requirements; defining the term "conviction"; amending 5
s. 455.213, F.S.; authorizing applicable boards or the 6
Department of Business and Professional Regulation to 7
make certain findings relating to rehabilitation 8
during licensing decisions; providing factors that 9
must be considered in making such findings; defining 10
the term "conviction"; providing an effective date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Section 112.0111, Florida Statutes, is amended 15
to read: 16
112.0111 Restriction s on the employment of ex -offenders; 17
legislative intent; state agency reporting requirements. — 18
(1) The Legislature declares that a goal of this state is 19
to clearly identify the occupations from which ex -offenders are 20
disqualified based on the nature of t heir offenses. The 21
Legislature seeks to make employment opportunities available to 22
ex-offenders in a manner that preserves and protects serves to 23
preserve and protect the health, safety, and welfare of the 24
general public, yet encourages ex-offenders them to become 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
productive members of society. To this end, state agencies that 26
exercise regulatory authority are in the best position to 27
identify all restrictions on employment imposed by the agencies 28
or by boards that regulate professions and occupations and ar e 29
obligated to protect the health, safety, and welfare of the 30
general public by clearly setting forth those restrictions in 31
keeping with statutory standards and protections determined by 32
the agencies to be in the least restrictive manner. 33
(2) Beginning March 1, 2025, and annually thereafter, each 34
state agency, including, but not limited to, those state 35
agencies responsible for issuing licenses, permits, or 36
certifications to pursue, practice, or engage in an occupation, 37
trade, vocation, profession, or busi ness must post and maintain 38
publicly on its website professional and occupational regulatory 39
boards, shall ensure the appropriate restrictions necessary to 40
protect the overall health, safety, and welfare of the general 41
public are in place, and by December 31, 2011, and every 4 years 42
thereafter, submit to the Governor, the President of the Senate, 43
and the Speaker of the House of Representatives a report that 44
includes all of the following : 45
(a) The total number of applications received by the state 46
agency in the previous calendar year for a license, permit, or 47
certification for which the applicant had a prior conviction, or 48
any other adjudication, for a crime A list of all agency or 49
board statutes or rules that disqualify from employment or 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
licensure persons who have been convicted of a crime and have 51
completed any incarceration and restitution to which they have 52
been sentenced for such crime . 53
(b) Out of the number of applications received in 54
paragraph (a), the number of times the state agency denied, 55
withheld, or refused to grant an application because of the 56
applicant's prior conviction, or any other adjudication, of a 57
crime. The report must also specify the crimes for which each 58
decision to deny, withhold, or refuse to grant an application 59
for a license, permit, or certification was based A 60
determination of whether the disqualifying statutes or rules are 61
readily available to prospective employers and licensees . 62
(c) Out of the number of applications received in 63
paragraph (a), the number of times the state agency granted an 64
application in which the applicant had a prior conviction, or 65
any other adjudication, of a crime. The report must also specify 66
the crimes in such applications which were not used as a basis 67
for denial The identification and evaluation of alternatives to 68
the disqualifying statutes or rules which protect the health, 69
safety, and welfare of the general public without impeding the 70
gainful employment of ex -offenders. 71
(d) The information provided by the state agency under 72
paragraphs (a), (b), a nd (c), broken down by the specific type 73
of application submitted and the types of licenses, permits, or 74
certifications sought, including if the applicant is a resident 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
of the state or an out -of-state resident. 76
(e) Any other information or data the state agency deems 77
relevant in fulfilling its purpose under this section. 78
(3) For purposes of this section, the term "conviction" 79
means a determination of guilt that is the result of a plea or 80
trial, regardless of whether adjudication is withheld. 81
Section 2. Subsection (15) of section 455.213, Florida 82
Statutes, is renumbered as subsection (16), and a new subsection 83
(15) is added to that section, to read: 84
455.213 General licensing provisions. — 85
(15) Each applicable board, or the department if there is 86
no board, may make a finding that an applicant for a license has 87
been rehabilitated after a conviction, or any other 88
adjudication, for a crime. Based on such finding, the board, or 89
the department if there is no board, may grant a license 90
regardless of an app licant's prior conviction, or any other 91
adjudication, for a crime. Such finding must be made based on 92
the following factors: 93
(a) The age of the person when he or she committed the 94
crime. 95
(b) The amount of time that has elapsed since the person 96
committed the crime. 97
(c) The circumstances surrounding and the nature of the 98
crime. 99
(d) If the person completed his or her criminal sentence 100
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and, if so, the amount of time that has passed since such 101
completion. 102
(e) If the person received a certificate of reh abilitation 103
or good conduct. 104
(f) If the person completed or is an active participant in 105
a rehabilitative drug or alcohol program. 106
(g) Any testimonials or recommendations, including 107
progress reports from the person's probation or parole officer. 108
(h) Any education and training the person has received. 109
(i) The person's past employment history and his or her 110
employment aspirations. 111
(j) The person's family responsibilities. 112
(k) If the occupation, trade, vocation, profession, or 113
business for which the person seeks employment requires him or 114
her to be bonded. 115
(l) Any other evidence of rehabilitation or information 116
that the person submits to the board or department. 117
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For purposes of this subsection, the term "conviction" means a 119
determination of guilt that is the result of a plea or trial, 120
regardless of whether adjudication is withheld. 121
Section 3. This act shall take effect July 1, 2024. 122