Florida Senate - 2024 SB 1012 By Senator Calatayud 38-00608A-24 20241012__ 1 A bill to be entitled 2 An act relating to employment of ex-offenders; 3 amending s. 112.011, F.S.; defining terms; prohibiting 4 the denial of a license, permit, or certification 5 because of an arrest for a crime not followed by a 6 conviction; authorizing a state agency to defer a 7 decision on an application for a license, permit, or 8 certification pending the resolution of criminal 9 charges against the applicant; revising the 10 circumstances under which a state agency may deny an 11 application for a license, permit, or certification by 12 reason of a prior conviction for a crime; providing 13 the circumstances and mitigating factors that an 14 agency must consider to determine whether granting a 15 license, permit, or certification to a person would 16 pose a direct and substantial risk to public safety; 17 requiring a state agency to provide an applicant with 18 a certain written notification to deny his or her 19 application for a license, permit, or certification on 20 the basis of a prior conviction; authorizing a person 21 to petition a state agency at any time for a decision 22 as to whether his or her prior conviction disqualifies 23 him or her from obtaining a license, permit, or 24 certification; requiring the state agency to review 25 the petition according to specified procedures and 26 make a certain determination; providing that a 27 decision that the person is not disqualified for a 28 specified license, permit, or certification is binding 29 on the agency unless certain conditions exist; 30 requiring the agency to advise the person of any 31 actions he or she may take to remedy the 32 disqualification; prohibiting a person from submitting 33 a new petition to the state agency within a specified 34 timeframe after a final decision is made; prohibiting 35 a state agency from using specified terminology in a 36 decision related to the denial of a license, permit, 37 or certification; making technical changes; amending 38 s. 112.0111, F.S.; revising legislative intent; 39 requiring certain state agencies to submit to the 40 Governor and the Legislature and post on their 41 respective websites a specified report beginning on a 42 specified date and annually thereafter; providing 43 requirements for the report; amending s. 120.60, F.S.; 44 requiring an agency to provide applicants with certain 45 written notice if the agency intends to base its 46 denial of an application for a license on a prior 47 conviction; providing requirements for such notice; 48 authorizing an applicant to submit a rebuttal; 49 requiring the agency to provide written notice of its 50 decision within a specified timeframe after the 51 deadline to submit such rebuttal; providing that such 52 decision is administratively and judicially 53 reviewable; providing requirements for notice of such 54 decision; making technical changes; amending ss. 55 310.071, 455.213, 562.13, 626.207, 626.9954, and 56 648.34, F.S.; conforming provisions to changes made by 57 the act; providing an effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1.Section 112.011, Florida Statutes, is amended to 62 read: 63 112.011Disqualification from licensing, permitting, 64 certification, and public employment based on criminal 65 conviction. 66 (1)For the purposes of this section, the term: 67 (a)Conviction means a determination of guilt which is 68 the result of a plea or trial, regardless of whether 69 adjudication is withheld, under the laws of this state or 70 another state. 71 (b)Fiduciary duty means a duty to act for someone elses 72 benefit while subordinating ones personal interest to that of 73 the other person. 74 (2)(a)Except as provided in s. 775.16, a person may not be 75 disqualified from employment by the state, any of its agencies 76 or political subdivisions, or any municipality solely because of 77 a prior conviction for a crime. However, a person may be denied 78 employment by the state, any of its agencies or political 79 subdivisions, or any municipality by reason of the prior 80 conviction for a crime if the crime was a felony or first-degree 81 misdemeanor and directly related to the position of employment 82 sought. 83 (b)Notwithstanding any other law, a person may not be 84 denied a license, permit, or certification to pursue, practice, 85 or engage in an occupation, a trade, a vocation, a profession, 86 or a business by reason of the persons arrest for a crime not 87 followed by a conviction. However, when a person has criminal 88 charges pending that may serve as the basis for the denial of a 89 license, permit, or certification to pursue, practice, or engage 90 in an occupation, a trade, a vocation, a profession, or a 91 business under paragraph (c), a state agency may defer its 92 decision on the persons application for a license, permit, or 93 certification pending resolution of the criminal charges. 94 (c)Notwithstanding any other law Except as provided in s. 95 775.16, a person may be denied a license, permit, or 96 certification to pursue, practice, or engage in an occupation, a 97 trade, a vocation, a profession, or a business by reason of the 98 prior conviction for a crime only if all of the following apply: 99 1.The crime was: 100 a.A forcible felony as defined in s. 776.08; 101 b.An offense involving a breach of fiduciary duty; 102 c.An offense for a fraudulent practice under chapter 817 103 or a substantially similar offense under the laws of another 104 state; 105 d.A felony or first-degree misdemeanor for which the 106 person was not incarcerated, and he or she was convicted less 107 than 3 years before a state agency began considering his or her 108 application for the license, permit, or certification; or 109 e.A felony or first-degree misdemeanor for which the 110 person was incarcerated, and his or her incarceration ended less 111 than 3 years before a state agency began considering his or her 112 application for the license, permit, or certification. 113 2.The conviction directly and specifically relates to the 114 duties and responsibilities of the occupation, trade, vocation, 115 profession, or business for which the license, permit, or 116 certification is sought. 117 3.A determination is made pursuant to paragraph (e), with 118 clear and convincing evidence, that granting the license, 119 permit, or certification would pose a direct and substantial 120 risk to public safety because the person is unable to safely 121 perform the duties and responsibilities of that is directly 122 related to the standards determined by the regulatory authority 123 to be necessary and reasonably related to the protection of the 124 public health, safety, and welfare for the specific occupation, 125 trade, vocation, profession, or business for which the license, 126 permit, or certification certificate is sought. 127 (d)(c)Notwithstanding any law to the contrary, a state 128 agency may not deny an application for a license, a permit, a 129 certification certificate, or employment based solely on the 130 applicants lack of civil rights. However, this paragraph does 131 not apply to applications for a license to carry a concealed 132 weapon or firearm under chapter 790. 133 (e)To determine whether granting a license, a permit, or a 134 certification to a person would pose a direct and substantial 135 risk to public safety under paragraph (c), a state agency must 136 consider the persons current circumstances and mitigating 137 factors, including all of the following: 138 1.The age of the person when he or she committed the 139 crime. 140 2.The amount of time that has elapsed since the person 141 committed the crime. 142 3.The circumstances surrounding the nature of the crime. 143 4.Whether the person completed his or her criminal 144 sentence and, if completed, the amount of time since completing 145 such sentence. 146 5.Whether the person received a certificate of 147 rehabilitation or good conduct. 148 6.Whether the person completed or is an active participant 149 in a rehabilitative substance abuse program. 150 7.Any testimonials or recommendations, including progress 151 reports from the persons probation or parole officer. 152 8.Whether the person has received any education or 153 training. 154 9.The persons employment history and employment 155 aspirations. 156 10.The persons family responsibilities. 157 11.Whether the occupation, trade, vocation, profession, or 158 business requires that the person be bonded. 159 12.Any other evidence of rehabilitation or information the 160 person submits to the state agency. 161 (f)A state agency may deny the application for a license, 162 permit, or certification to pursue, practice, or engage in an 163 occupation, a trade, a vocation, a profession, or a business 164 based on a persons prior conviction for a crime only if the 165 state agency provides written notification consistent with s. 166 120.60(3). 167 (g)1.Notwithstanding any other law, a person with a prior 168 conviction for a crime may petition a state agency at any time, 169 including while in confinement, while under supervision, or 170 before obtaining any required personal qualifications for a 171 license, permit, or certification, for a decision as to whether 172 the persons prior conviction for a crime would disqualify him 173 or her from obtaining the license, permit, or certification. In 174 the petition, the person must include a record of his or her 175 prior conviction for a crime or must authorize the state agency 176 to obtain such record. In reviewing the petition, the state 177 agency shall determine whether granting the license, permit, or 178 certification to the person would pose a direct and substantial 179 risk to public safety because there is clear and convincing 180 evidence that the person is unable to safely perform the duties 181 and responsibilities of the specific occupation, trade, 182 vocation, profession, or business for which the license, permit, 183 or certification is sought. The state agency shall follow the 184 procedure in paragraph (e) when reviewing and making its 185 decision on the petition. 186 2.If a state agency determines under subparagraph 1. that 187 a person is not disqualified for a license, permit, or 188 certification, such decision is binding on the state agency in 189 any later ruling on the persons formal application unless the 190 information contained in the petition is found to be inaccurate 191 or incomplete, or the person is subsequently convicted of a 192 crime. 193 3.If the state agency determines under subparagraph 1. 194 that a person is disqualified for a license, permit, or 195 certification, the agency must advise the person of any action, 196 if any, he or she may take to remedy the disqualification. The 197 person may submit a revised petition reflecting completion of 198 the remedial actions before a deadline set by the agency in its 199 final decision on the petition. 200 4.A person may not otherwise submit a new petition to the 201 state agency until 1 year after a final decision on the initial 202 petition is rendered or the person obtains the required 203 qualifications for a license, permit, or certification, 204 whichever is earlier. 205 (h)Notwithstanding any other law, a state agency may not 206 use vague terms, including, but not limited to, good moral 207 character, moral turpitude, or character and fitness, in 208 its decision to disqualify a person from a license, permit, or 209 certification based on the persons prior conviction for a 210 crime. 211 (3)(a)(2)(a)This section does not apply to any law 212 enforcement or correctional agency. 213 (b)This section does not apply to the employment practices 214 of any fire department relating to the hiring of firefighters. 215 (c)This section does not apply to the employment practices 216 of any county or municipality relating to the hiring of 217 personnel for positions deemed to be critical to security or 218 public safety pursuant to ss. 125.5801 and 166.0442. 219 (4)(3)Any complaint concerning the violation of this 220 section must shall be adjudicated in accordance with the 221 procedures set forth in chapter 120 for administrative and 222 judicial review. 223 Section 2.Section 112.0111, Florida Statutes, is amended 224 to read: 225 112.0111Restrictions on the employment of ex-offenders; 226 legislative intent; state agency reporting requirements. 227 (1)The Legislature declares that a goal of this state is 228 to clearly identify the occupations from which ex-offenders are 229 disqualified based on the nature of their offenses. The 230 Legislature seeks to make employment opportunities available to 231 ex-offenders in a manner that preserves and protects serves to 232 preserve and protect the health, safety, and welfare of the 233 general public, yet encourages ex-offenders them to become 234 productive members of society. To this end, state agencies that 235 exercise regulatory authority are in the best position to 236 identify all restrictions on employment imposed by the agencies 237 or by boards that regulate professions and occupations and are 238 obligated to protect the health, safety, and welfare of the 239 general public by clearly setting forth those restrictions in 240 keeping with standards in state law and protections determined 241 by the agencies to be in the least restrictive manner. 242 (2)Beginning December 31, 2024, and annually each December 243 31 thereafter, each state agency, including, but not limited to, 244 those state agencies responsible for issuing licenses, permits, 245 or certifications to pursue, practice, or engage in an 246 occupation, a trade, a vocation, a profession, or a business 247 shall professional and occupational regulatory boards, shall 248 ensure the appropriate restrictions necessary to protect the 249 overall health, safety, and welfare of the general public are in 250 place, and by December 31, 2011, and every 4 years thereafter, 251 submit to the Governor, the President of the Senate, and the 252 Speaker of the House of Representatives, and make publicly 253 available on its website, a report that includes all of the 254 following: 255 (a)The number of applicants with a prior conviction for a 256 crime who applied for each license, permit, or certification in 257 the previous year, and of that number, the number of times the 258 state agency granted the application for, and the number of 259 times it denied, withheld, or refused to grant, a license, 260 permit, or certification because of the applicants criminal 261 history. The report must also specify the offense or offenses 262 that served as the basis for each decision to deny, withhold, or 263 refuse to grant the license, permit, or certification A list of 264 all agency or board statutes or rules that disqualify from 265 employment or licensure persons who have been convicted of a 266 crime and have completed any incarceration and restitution to 267 which they have been sentenced for such crime. 268 (b)The number of applicants with a prior conviction for a 269 crime whose applications were denied, withheld, or refused who 270 petitioned the state agency pursuant to s. 112.011(2)(e) in the 271 previous year and the number of such petitions that were 272 approved or denied. The report must also specify the offense or 273 offenses that served as the basis for each decision to approve 274 or deny a petition A determination of whether the disqualifying 275 statutes or rules are readily available to prospective employers 276 and licensees. 277 (c)Any other data the agency deems relevant in fulfilling 278 its purpose under subsection (1) The identification and 279 evaluation of alternatives to the disqualifying statutes or 280 rules which protect the health, safety, and welfare of the 281 general public without impeding the gainful employment of ex 282 offenders. 283 Section 3.Subsection (3) of section 120.60, Florida 284 Statutes, is amended to read: 285 120.60Licensing. 286 (3)(a)Each applicant must shall be given written notice, 287 personally or by mail, that the agency intends to grant or deny, 288 or has granted or denied, the application for license; however, 289 if the agency intends to deny the application for license based 290 upon a persons prior conviction for a crime pursuant to s. 291 112.011, the agency must first provide the applicant with 292 written notice of the agencys intention as stated in paragraph 293 (b). The notice required by this paragraph must state with 294 particularity the grounds or basis for the issuance or denial of 295 the license, except when issuance is a ministerial act. Unless 296 waived, a copy of the notice must shall be delivered or mailed 297 to each partys attorney of record and to each person who has 298 made a written request for notice of agency action. Each notice 299 must inform the recipient of the basis for the agency decision, 300 inform the recipient of any administrative hearing pursuant to 301 ss. 120.569 and 120.57 or judicial review pursuant to s. 120.68 302 which may be available, indicate the procedure that must be 303 followed, and state the applicable time limits. The issuing 304 agency shall certify the date the notice was mailed or 305 delivered, and the notice and the certification must be filed 306 with the agency clerk. 307 (b)1.The agency may deny the application for license based 308 upon a persons prior conviction for a crime consistent with s. 309 112.011 only if the agency provides the applicant with written 310 notice, in person or by mail, of its intention to deny the 311 application. The notice must state with particularity the 312 grounds or the basis for the agencys intention to deny the 313 license. The notice must inform the recipient that, before the 314 denial becomes final, he or she may provide a rebuttal with 315 additional evidence of circumstances or rehabilitation, 316 including written support provided by character witnesses. 317 Pursuant to subsection (1), the agency must allow the applicant 318 at least 30 days to provide a rebuttal before issuing a decision 319 on the application for license. A copy of the notice must be 320 delivered or mailed to each partys attorney of record, if 321 applicable, and to each person who has made a written request 322 for notice of agency action. The agency shall certify the date 323 the notice was delivered or mailed, and the notice and the 324 certification must be filed with the agency clerk. 325 2.The agency shall provide written notification of its 326 decision on the application for license within 60 days after the 327 deadline for submitting a rebuttal. If the agency denies or 328 intends to deny the application for license, the agency must 329 specify the clear and convincing evidence on which the agency 330 based its determination. The agencys decision is 331 administratively reviewable pursuant to ss. 120.569 and 120.57 332 and judicially reviewable pursuant to s. 120.68. The 333 notification must indicate the procedure and applicable time 334 limits that must be followed to seek administrative review, and 335 must state the earliest date that the applicant may submit 336 another application for license. A copy of the notice must be 337 delivered or mailed to each partys attorney of record, if 338 applicable, and to each person who has made a written request 339 for notice of agency action. The agency shall certify the date 340 the notice was mailed or delivered, and the notice and the 341 certification must be filed with the agency clerk. 342 Section 4.Subsection (4) of section 310.071, Florida 343 Statutes, is amended to read: 344 310.071Deputy pilot certification. 345 (4)The board must follow the requirements in s. 112.011(2) 346 before Notwithstanding s. 112.011 or any other provision of law 347 relating to the restoration of civil rights, an applicant may 348 shall be disqualified from applying for or and shall be denied a 349 deputy pilot certificate if the applicant, regardless of 350 adjudication, has ever been found guilty of, or pled guilty or 351 nolo contendere to, a charge which was: 352 (a)A felony or first degree misdemeanor which directly 353 related to the navigation or operation of a vessel; or 354 (b)A felony involving the sale of or trafficking in, or 355 conspiracy to sell or traffic in, a controlled substance as 356 defined by chapter 893, or an offense under the laws of any 357 state or country which, if committed in this state, would 358 constitute the felony of selling or trafficking in, or 359 conspiracy to sell or traffic in, such controlled substance. 360 Section 5.Subsections (3) and (11) of section 455.213, 361 Florida Statutes, are amended to read: 362 455.213General licensing provisions. 363 (3)(a)Notwithstanding any other law, the applicable board 364 shall use the process in s. 112.011(2) this subsection for 365 review of an applicants criminal record to determine his or her 366 eligibility for licensure as: 367 1.A barber under chapter 476; 368 2.A cosmetologist or cosmetology specialist under chapter 369 477; 370 3.Any of the following construction professions under 371 chapter 489: 372 a.Air-conditioning contractor; 373 b.Electrical contractor; 374 c.Mechanical contractor; 375 d.Plumbing contractor; 376 e.Pollutant storage systems contractor; 377 f.Roofing contractor; 378 g.Sheet metal contractor; 379 h.Solar contractor; 380 i.Swimming pool and spa contractor; 381 j.Underground utility and excavation contractor; or 382 k.Other specialty contractors; or 383 4.Any other profession for which the department issues a 384 license, provided the profession is offered to inmates in any 385 correctional institution or correctional facility as vocational 386 training or through an industry certification program. 387 (b)1.A conviction, or any other adjudication, for a crime 388 more than 5 years before the date the application is received by 389 the applicable board may not be grounds for denial of a license 390 specified in paragraph (a). For purposes of this paragraph, the 391 term conviction means a determination of guilt that is the 392 result of a plea or trial, regardless of whether adjudication is 393 withheld. This paragraph does not limit the applicable board 394 from considering an applicants criminal history that includes a 395 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but 396 only if such criminal history has been found to relate to the 397 practice of the applicable profession. 398 2.The applicable board may consider the criminal history 399 of an applicant for licensure under subparagraph (a)3. if such 400 criminal history has been found to relate to good moral 401 character. 402 (c)1.A person may apply for a license before his or her 403 lawful release from confinement or supervision. The department 404 may not charge an applicant an additional fee for being confined 405 or under supervision. The applicable board may not deny an 406 application for a license solely on the basis of the applicants 407 current confinement or supervision. 408 2.After a license application is approved, the applicable 409 board may stay the issuance of a license until the applicant is 410 lawfully released from confinement or supervision and the 411 applicant notifies the applicable board of such release. The 412 applicable board must verify the applicants release with the 413 Department of Corrections before it issues a license. 414 3.If an applicant is unable to appear in person due to his 415 or her confinement or supervision, the applicable board must 416 allow permit the applicant to appear by teleconference or video 417 conference, as appropriate, at any meeting of the applicable 418 board or other hearing by the agency concerning his or her 419 application. 420 4.If an applicant is confined or under supervision, the 421 Department of Corrections and the applicable board must shall 422 cooperate and coordinate to facilitate the appearance of the 423 applicant at a board meeting or agency hearing in person, by 424 teleconference, or by video conference, as appropriate. 425 (c)(d)Each applicable board shall compile a list of crimes 426 that, if committed and regardless of adjudication, do not relate 427 to the practice of the profession or the ability to practice the 428 profession and do not constitute grounds for denial of a 429 license. This list must be made available on the departments 430 website and updated annually. Beginning October 1, 2019, each 431 applicable board shall compile a list of crimes that although 432 reported by an applicant for licensure, were not used as a basis 433 for denial. The list must identify for each such license 434 application the crime reported and the date of conviction and 435 whether there was a finding of guilt, a plea, or an adjudication 436 entered or the date of sentencing. 437 (d)(e)Each applicable board shall compile a list of crimes 438 that have been used as a basis for denial of a license in the 439 past 2 years and shall make the list available on the 440 departments website. Starting October 1, 2019, and updated 441 quarterly thereafter, the applicable board shall compile a list 442 indicating each crime used as a basis for denial. For each crime 443 listed, the applicable board shall must identify the date of 444 conviction, finding of guilt, plea, or adjudication entered, or 445 date of sentencing. Such denials must be made available to the 446 public upon request. 447 (11)For any profession requiring fingerprints as part of 448 the registration, certification, or licensure process or for any 449 profession requiring a criminal history record check to 450 determine good moral character, the fingerprints of the 451 applicant must accompany all applications for registration, 452 certification, or licensure. The fingerprints must shall be 453 forwarded to the Division of Criminal Justice Information 454 Systems within the Department of Law Enforcement for processing 455 to determine whether the applicant has a criminal history 456 record. The fingerprints must shall also be forwarded to the 457 Federal Bureau of Investigation to determine whether the 458 applicant has a criminal history record. The information 459 obtained by the processing of the fingerprints by the Department 460 of Law Enforcement and the Federal Bureau of Investigation must 461 shall be sent to the department to determine whether the 462 applicant is statutorily qualified for registration, 463 certification, or licensure. 464 Section 6.Paragraph (a) of subsection (3) of section 465 562.13, Florida Statutes, is amended to read: 466 562.13Employment of minors or certain other persons by 467 certain vendors prohibited; exceptions. 468 (3)(a)It is unlawful for any vendor licensed under the 469 beverage law to employ as a manager or person in charge or as a 470 bartender any person: 471 1.Who has been convicted within the last past 5 years of 472 any offense against the beverage laws of this state, the United 473 States, or any other state. 474 2.Who has been convicted within the last past 5 years in 475 this state or any other state or the United States of soliciting 476 for prostitution, pandering, letting premises for prostitution, 477 keeping a disorderly place, or any felony violation of chapter 478 893 or the controlled substances act of any other state or the 479 Federal Government. 480 3.Who has, in the last past 5 years, been convicted of any 481 felony in this state, any other state, or the United States. 482 483 The term conviction shall include an adjudication of guilt on 484 a plea of guilty or nolo contendere or forfeiture of a bond when 485 such person is charged with a crime. 486 Section 7.Subsection (9) of section 626.207, Florida 487 Statutes, is amended to read: 488 626.207Disqualification of applicants and licensees; 489 penalties against licensees; rulemaking authority. 490 (9)Section 112.011(2) applies 112.011 does not apply to 491 any applicants for licensure under the Florida Insurance Code, 492 including, but not limited to, agents, agencies, adjusters, 493 adjusting firms, or customer representatives. 494 Section 8.Subsection (8) of section 626.9954, Florida 495 Statutes, is amended to read: 496 626.9954Disqualification from registration. 497 (8)Section 112.011(2) applies 112.011 does not apply to an 498 applicant for registration as a navigator. 499 Section 9.Subsection (7) of section 648.34, Florida 500 Statutes, is amended to read: 501 648.34Bail bond agents; qualifications. 502 (7)Section 112.011(2) applies The provisions of s. 112.011 503 do not apply to bail bond agents or to applicants for licensure 504 as bail bond agents. 505 Section 10.This act shall take effect July 1, 2024.