The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: CS/SB 1012
INTRODUCER: Regulated Industries Committee and Senator Calatayud
SUBJECT: Employment of Ex-offenders
DATE: February 5, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Fav/CS
2. Vaughan Stokes CJ Pre-meeting
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1012 amends s. 112.011(1), F.S., to allow a person with a prior conviction to petition a
state agency to determine if their prior conviction is disqualifying for a license, permit, or
certification. The petition must include a record of his or her prior conviction for a crime or must
authorize the state agency to obtain such record.
The bill provides that upon review by the state agency, if the agency determines that a person is
not disqualified for a license, permit, or certification, the decision is binding on the state agency
in any later ruling on the person’s formal application unless the information contained in the
petition is found to be inaccurate or incomplete, or the person is subsequently convicted of a
crime. If the state agency determines that a person is disqualified for a license, permit, or
certification, the bill requires the agency to advise the person of any action that may be taken to
remedy disqualification and set a deadline for such remedial measures to be taken.
The bill allows a person to submit a revised petition reflecting completion of the remedial actions
before a deadline set by the agency in its final decision on the petition. The bill prohibits a
person from submitting a new petition to the state agency until one year after a final decision on
the initial petition is rendered or the person obtains the required qualifications for a license,
permit, or certification, whichever is earlier.
The fiscal impact for potential applicants utilizing this process is indeterminate at this time. See
Section V. Fiscal Impact Statement.
REVISED: BILL: CS/SB 1012 Page 2
The bill takes effect July 1, 2024.
II. Present Situation:
Licensing Determinations and Criminal History
Section 112.011, F.S., outlines general guidelines for considering criminal convictions during
licensure determinations. Generally, a person may be denied a professional license based on his
or her prior conviction of a crime if the crime was a felony
1
or first-degree misdemeanor
2
that is
directly related to the standards determined by the regulatory authority to be necessary and
reasonably related to the protection of the public health, safety, and welfare for the specific
profession for which the license is sought.
3
Notwithstanding any law to the contrary, a state
agency may not deny an application for a license based solely on the applicant’s lack of civil
rights.
4
Section 112.011, F.S., does not apply to:
Deputy pilot certification;
5
Licensure under the Florida Insurance Code, including, but not limited to, agents, agencies,
adjusters, adjusting firms, or customer representatives;
6
Registration as a health insurance exchange navigator;
7
1
Section 775.08(1), F.S., defines “felony” as any criminal offense that is punishable under the laws of this state, or that
would be punishable if committed in this state, by death or a term of imprisonment in a state penitentiary that exceeds one
year.
2
Section 775.08(2), F.S., defines “misdemeanor” as any criminal offense that is punishable under the laws of this state, or
that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility of less than
one year. A first degree misdemeanor is punishable by a term of imprisonment not exceeding one year and a fine not
exceeding $1,000. Sections 775.082 and 775.083, F.S.
3
Section 112.011(1)(b), F.S. See also, e.g., State ex rel. Sbordy v. Rowlett, 138 Fla. 330, 190 So. 59, 63 (1939), holding that
“the preservation of the public health is one of the duties of sovereignty and in a conflict between the right of a citizen to
follow a profession and the right of a sovereignty to guard the health and welfare, it logically follows that the rights of the
citizen to pursue his profession must yield to the power of the State to prescribe such restrictions and regulations as shall
fully protect the people from ignorance, incapacity, deception, and fraud.”
4
Section 112.011(1)(c), F.S.
5
However, s. 310.071(4), F.S., disqualifies applicants for a deputy pilot’s certificate issued by the Board of Pilot
Commissioners within the Department of Business and Professional Regulation, including persons who’ve had their civil
rights restored, who, regardless of adjudication, have ever been found guilty of, or pled guilty or nolo contendere to, a felony
or first degree misdemeanor which directly related to the navigation or operation of a vessel, or a felony involving the sale of
or trafficking in, or conspiracy to sell or traffic in, a controlled substance as defined by ch. 893, F.S., or an offense under the
laws of any state or country which, if committed in this state, would constitute the felony of selling or trafficking in, or
conspiracy to sell or traffic in, such controlled substance.
6
Section 626.207(9), F.S. However, s. 626.207(2), F.S., provides that applicants for license under ch. 626, F.S., including
insurance agents, service representatives, adjusters, and insurance agencies, are disqualified from licensure, and permanently
barred from licensure, if the person has been found guilty of or has pleaded guilty or nolo contendere to any of the specified
crimes.
7
Section 626.994, F.S. Section 626.9951(3), F.S., defines the term “navigator” to mean “an individual authorized by an
exchange to serve as a navigator, or who works on behalf of an entity authorized by an exchange to serve as a navigator,
pursuant to 42 U.S.C. s. 18031(i)(1), who facilitates the selection of a qualified health plan through the exchange and
performs any other duties specified under 42 U.S.C. s. 18031(i)(3).” A person is disqualified from registration as a navigator
if they have a criminal record for the felonies specified in s. 262.9954(2), F.S., including permanent disqualifications, seven-
year, and 15-year disqualifications for specified felonies. BILL: CS/SB 1012 Page 3
Licensure as a bail bond agent;
8
A law enforcement or correctional agency;
9
The employment practices of any fire department relating to the hiring of firefighters
10
; and
The employment practices of any county or municipality relating to the hiring of personnel
for positions deemed to be critical to security or public safety pursuant to
ss. 125.5801 and 166.0442, F.S.
11
Jim King Keep Florida Working Act Report
Section 112.0111, F.S., requires each state agency, including the state agencies responsible for
professional and occupational regulatory boards to, every four years, submit to the Governor, the
President of the Senate, and the Speaker of the House of Representatives a report that includes:
A list of all agency or board statutes or rules that disqualify from employment or licensure
persons who have been convicted of a crime and have completed any incarceration and
restitution to which they have been sentenced for such crime.
A determination of whether the disqualifying statutes or rules are readily available to
prospective employers and licensees.
The identification and evaluation of alternatives to the disqualifying statutes or rules which
protect the health, safety, and welfare of the general public without impeding the gainful
employment of ex-offenders.
Department of Business and Professional Regulation
Licensure
The Florida Department of Business and Professional Regulation (DBPR), has 11 divisions that
are tasked with the licensure and general regulation of several professions and businesses in
Florida.
12
The DBPR has fifteen boards and programs within the Division of Professions, two
boards exist within the Division of Real Estate, and one board exists in the Division of Certified
Public Accounting.
Sections 455.203 and 455.213, F.S., establish the DBPR’s general licensing authority, including
its authority to charge license fees and license renewal fees. Each board within the DBPR must
determine by rule the amount of license fees for each profession, based on estimates of the
required revenue to implement the regulatory laws affecting the profession. These professionals
include: architects and interior designers, asbestos consultants and contractors, athlete agents,
auctioneers, barbers, building code administrators and inspectors, community association
managers, the construction industry, cosmetologists, electrical contractors, employee leasing
companies, geologists, harbor pilots, home inspectors, landscape architects, mold related
services, talent agencies, and veterinarians. When a person is authorized to engage in a
8
Section 648.34(7), F.S. However, s. 648.34(2)(e), F.S., disqualifies an applicant for a bail bond agent license to a person
who has “been convicted of or pleaded guilty or no contest to a felony, a crime involving moral turpitude, or a crime
punishable by imprisonment of 1 year or more under the law of any state, territory, or country, whether or not a judgment or
conviction has been entered.”
9
Section 112.011(2)(a), F.S.
10
Section 112.011(2)(b), F.S.
11
Section 112.011(2)(c), F.S
12
Section 20.165, F.S. BILL: CS/SB 1012 Page 4
profession or occupation in Florida, the DBPR issues a “permit, registration, certificate, or
license” to the licensee. In Fiscal Year 2022-2023, there were 950,380 active licensees regulated
by the DBPR or a board within the department, including 39,336 active licensees in the Division
of Certified Public Accounting, 357,039 active licensees in the Division of Real Estate, 786,178
active licensees in the Division of Professions, and 67, 827 active licensees under the Board of
Professional Engineers.
13
Denial of Professional Licensure - DBPR
Chapter 455, F.S., provides procedural and administrative framework for the regulation of
professionals by the DBPR, and boards housed in the DBPR, including the Divisions of Certified
Public Accounting, Professions, Real Estate, and Regulation.
14
The DBPR may regulate professions “only for the preservation of the health, safety, and welfare
of the public under the police powers of the state.”
15
Regulation is required when:
The potential for harming or endangering public health, safety, and welfare is recognizable
and outweighs any anticompetitive impact that may result;
The public is not effectively protected by other state statutes, local ordinances, federal
legislation, or other means; and
Less restrictive means of regulation are not available.
16
However, “neither the department nor any board may create a regulation that has an
unreasonable effect on job creation or job retention,” or a regulation that unreasonably restricts
the ability of those who desire to engage in a profession or occupation to find employment.
17
The DBPR or a pertinent regulatory board may deny an application for licensure based on the
grounds set forth in s. 455.227(1), F.S., or in the profession’s practice act.
18
Specifically, the
DBPR or regulatory board may deny a licensure application for any person who was:
…convicted or found guilty of, or entering a plea of guilty or nolo contendere to,
regardless of adjudication, a crime in any jurisdiction which relates to the practice of,
or the ability to practice, a licensee’s profession.
19
(Emphasis added.)
Section 455.227, F.S., does not specifically require the DBPR or the applicable regulatory board
to consider the passage of time since the disqualifying criminal offense before denying or
granting a license.
13
Department of Business and Professional Regulation, Division of Professions, Division of Certified Public Accounting,
Division of Real Estate, and Division of Regulation, Annual Report, Fiscal Year 2022-2023,
http://www.myfloridalicense.com/DBPR/os/documents/Division%20Annual%20Report%20FY%2022 -23.pdf (last visited
Jan. 30, 2024).
14
See ss. 455.01(6) and 455.203, F.S. The DBPR must also provide legal counsel for boards within the DBPR by contracting
with the Department of Legal Affairs, by retaining private counsel, or by providing DBPR staff counsel. See s. 455.221(1),
F.S.
15
Section 455.201(2), F.S.
16
Section 455.201(2), F.S.
17
Section 455.201(4)(b), F.S.
18
Section 455.227(2), F.S.
19
Section 455.227(1)(c), F.S. BILL: CS/SB 1012 Page 5
Licensing and Criminal Background for Certain Professions
However, in 2019, the Legislature created a process for reviewing the criminal history of
applicants for specified professions or occupations regulated by the DBPR.
20
The process applies
to:
Barbers;
Cosmetologists and cosmetology specialists;
Construction professionals, including:
o Air-conditioning contractors;
o Electrical contractors;
o Mechanical contractors;
o Plumbing contractors;
o Pollutant storage systems contractors;
o Roofing contractors;
o Sheet metal contractors;
o Solar contractors;
o Swimming pool and spa contractors;
o Underground utility and excavation contractors; and
o Other specialty contractors; and
Any other profession for which the DBPR issues a license, provided the profession is offered
to prisoners in any correctional institution or correctional facility as a vocational training or
through an industry certification program.
21
Under this process, a prisoner may apply for a license before he or she is lawfully released from
confinement or supervision.
22
The application may not be denied solely on the basis of the
applicant’s current confinement or supervision.
The DBPR may not deny a license for one of the above-listed occupations based on a conviction
for a crime more than five years before the date of application.
23
However, a board may deny a
license if the applicant’s criminal history includes a crime listed in s. 775.21(4)(a)1., F.S.,
relating to sexual predator crimes, or s. 776.08, F.S., relating to forcible felonies, if such criminal
history relates to the practice of the applicable profession.
24
A regulatory board may also
consider the criminal history of an applicant if such criminal history is found to relate to good
moral character.
25
Additionally, a board must:
Permit a person to apply for a license while under criminal confinement (incarceration) or
supervision;
26
20
Chapter 2019-167, Laws of Fla., codified at s. 455.213(3), F.S.
21
Section 455.213(3)(a), F.S.
22
Section 455.213.(3)(c), F.S.
23
Section 455.213(3)(b)1., F.S. “Conviction” means a determination of guilt that is the result of a plea or trial, regardless of
whether adjudication is withheld.
24
Id.
25
Section 455.213(3)(b)2., F.S.
26
Section 455.213(3)(c), F.S. BILL: CS/SB 1012 Page 6
Compile a list of crimes by rule that do not impair a person’s qualifications for licensure;
27
Compile a list of crimes that have been used in the past two years as the basis for a license
denial;
28
and
Permit applicants who are incarcerated or under supervision to appear by teleconference or
video conference at a meeting of a board or the agency for a hearing concerning the person’s
license application.
29
The DBPR or a board may refuse to issue an initial license to any applicant who is under
investigation or prosecution in any jurisdiction for an action that would constitute a violation of
ch. 455, F.S., or the professional practice acts administered by the department and the boards,
until such time as the investigation or prosecution is complete.
30
License Qualifications Based on Moral Character
Several professions licensed by the DBPR or a regulatory board require the applicant to be of
good moral character, including applicants for a license to practice the following professions:
Boxing, kickboxing and mixed martial arts issued by the Florida Athletic Commission;
31
Construction contracting issued by the Construction Industry Licensing Board;
32
Electrical contracting issued by the Electrical Contractors’ Board;
33
Athlete agents issued by the DBPR;
34
Building code administrators and inspectors issued by the Florida Building Code
Administrators and Inspectors Board;
35
Certified public Accountants issued by the Board of Accountancy;
36
Engineer issued by the Board of Professional Engineers;
37
and
Mold-related services issued by the DBPR.
38
27
Section 455.213(3)(d), F.S.
28
Section 455.213(3)(e), F.S.
29
Section 455.213(5), F.S.
30
Section 455.213(4), F.S.
31
Section 548.071(3), F.S., provides a basis for the Florida Athletic Commission to disqualify for a license any person who
has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a crime
involving moral turpitude in any jurisdiction within 10 years preceding the suspension or revocation.
32
Section 489.111(2)(b) and (3), F.S., provides that the Construction Industry Licensing Board may refuse to certify an
applicant for failure to satisfy the requirement of good moral character if there is a substantial connection between the lack of
good moral character and the professional responsibility of the certified contractor; and the lack of good moral character is
supported by clear and convincing evidence. The board may deny a license application if the applicant’s criminal history
directly relates to the practice of the profession.
33
Section 489.511(1)(b), F.S. Section 489. 511(3)(a), F.S., defines good moral character as a history of honesty, fairness, and
respect for the rights of others and for the laws of this state and nation and specifies that the Electrical Contractors’ Licensing
Board may refuse to certify an applicant for failure to satisfy the requirement of good moral character if certain requirements
are met. The board may deny a license application if the applicant’s criminal history directly relates to the practice of the
profession.
34
Section 468.453(2)(b), F.S.
35
Section 468.609(3)(b), F.S., also permits a license application to be denied if the applicant’s criminal history directly
relates to the practice of the profession.
36
Section 473.308(5) and (6), F.S., also permits a license application to be denied if the applicant’s criminal history directly
relates to the practice of the profession.
37
Section 471.013(2)(a), F.S.
38
Section 468.8414(3), F.S. BILL: CS/SB 1012 Page 7
License Qualifications Based on Criminal History Related to the Profession
Many professional practice acts permit a license application to be denied if the applicant has a
specified criminal history or the applicant’s criminal history directly relates to, the practice of the
profession, including a license to practice the following professions:
Architecture issued by the Board of Architecture and Interior Design;
39
Asbestos contracting and consulting issued by the DBPR;
40
Auctioneering issued by the Florida Board of Auctioneers;
41
Barbering issued by the Barbers’ Board;
42
Community association management issued by the Regulatory Council of Community
Association Managers;
43
Professional geology issued by the Board of Professional Geologists;
44
Home inspection issued by the DBPR;
45
Landscape architecture issued by the Board of Landscape Architecture;
46
Real estate brokers and agents issued by the Florida Real Estate Commission;
47
and
Veterinary medicine issued by the Board of Veterinary Medicine.
48
License Disciplinary Action based on Section 455.227(1)(c), F.S.
Section 455.227(1)(c), F.S., authorizes a board, or the DBPR if there is no board for the
profession, to take disciplinary action against a licensee if the person is convicted or found guilty
of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any
jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession. This
grounds for discipline includes a criminal history that occurred prior to obtaining a license.
49
Disciplinary action includes refusal to certify, or to certify with restrictions, an application for a
license and suspension or permanent revocation of a license.
50
Several professions regulated by the DBPR, or a board within the DBPR, rely on the grounds for
disciplinary action in s. 455.227(1)(c), F.S., as a basis for denial or grant of a license. A person
may also be disqualified for a license based on s. 455.227(1)(c), F.S. The practice acts for the
following professional licenses within the DBPR include the grounds for denial of a license set
forth in s. 455.227(1)(c), F.S.:
Barbers;
51
39
Section 481.225(1)(d), F.S.
40
Section 469.009(1)(g), F.S.
41
Section 468.389(1)(l), F.S.
42
Section 476.144(6)(a)2.b., F.S., provides that the qualifications for a barber license include having no disciplinary history
related to barbering for five years.
43
Section 468.436(2)(b), F.S.
44
Section 492.113(1)(d), F.S.
45
Section 468.832(1)(d), F.S.
46
Section 481.325(1)(d), F.S.
47
Section 475.25(1)(f), F.S.
48
Sections 474.214(1)(c), (p) and (2), F.S., authorize the Board of Veterinary Medicine to deny a license application based on
criminal history, including conviction on a charge of cruelty to animals.
49
Section 455.227(2), F.S.
50
Id.
51
Section 476.204(1)(h), F.S. BILL: CS/SB 1012 Page 8
Engineers issued by the Board of Professional Engineers;
52
Professional geologists;
53
Home inspectors;
54
Mold-related service providers; and
55
Real estate brokers and agents.
56
A license to engage in a regulated activity may require that persons with an interest in the
business not have a criminal record or have good moral character. For example, an alcoholic
beverages license may not be issued to any person, including persons who have a direct or
indirect interest in the license or business, who does not evidence good moral character, and:
57
who has been convicted within the last past 5 years of any offense against the beverage
laws of this state, the United States, or any other state; who has been convicted within the
last past 5 years in this state or any other state or the United States of soliciting for
prostitution, pandering, letting premises for prostitution, or keeping a disorderly place or
of any criminal violation of chapter 893 or the controlled substance act of any other state
or the Federal Government; or who has been convicted in the last past 15 years of any
felony in this state or any other state or the United States; or to a corporation, any of the
officers of which shall have been so convicted.
Persons with certain criminal records are also disqualified from having an occupational license to
be employed at a racetrack and jai alai fronton,
58
and are disqualified from holding a horseracing,
greyhound, or jai alai permit.
59
Department of Health
The Department of Health (DOH) or an applicable board may deny the licensure of any applicant
who has been “convicted of or pled guilty or nolo contendere to, regardless of adjudication, any
felony or misdemeanor related to the practice of a health care profession regulated by this
state”
60
or related to certain types of fraud,
61
or for other reasons in the applicable practice act.
For example, certified nursing assistants may not have a felony record for certain specified
felony financial crimes, including Medicaid fraud and forgery,
62
and pass an employment
screening under ch. 435, F.S., which provides a listing of disqualifying crimes.
52
Section 471.033(1)(a), F.S.
53
Section 492.113(1)(d), F.S.
54
Section 468.832(1)(a), F.S.
55
Section 468.842(1)(a), F.S.
56
Section 475.25(1)(f), F.S.
57
Sections 561.15, F.S.
58
Section 550.105(2), F.S.
59
Section 550.1815, F.S.
60
Sections 456.024(3)(c); 456.072(1)(c), (x), (ii) and (ll); and 456.071(2)(a), F.S.
61
Section 456.0635, F.S.
62
See s. 408.809(4), F.S. BILL: CS/SB 1012 Page 9
Other State Licenses
In addition to the licenses referenced above, it is common to disqualify a person from a license to
engage in a profession, occupation, or business activity on the basis of a criminal record. For
example, a license to engage in the manufacture, compounding, combining, production, or
distribution, dealing, or use of explosives may be denied if the person has been convicted of a
felony.
63
Administrative Procedures Act
Chapter 120, F.S., the Administrative Procedure Act, provides uniform procedures for state
agencies, including the conduct of rulemaking, implementing disciplinary actions, and the
granting and denial of license applications.
Section 120.60, F.S., provides the process for the granting or denial of license applications upon
receipt of a license application. An agency must examine the application and, within 30 days
after such receipt, notify the applicant of any apparent errors or omissions and request any
additional information the agency is permitted by law to require. An agency may not deny a
license because of an applicant’s failure to correct an error or omission or to supply additional
information unless the agency has timely notified the applicant within this 30-day period. A
license application is complete upon receipt by the agency of all requested information and
correction of any error or omission for which the applicant was timely notified or when the time
for such notification has expired.
An agency must approve or deny a license application within 90 days after receipt of a
completed application unless a shorter period of time for agency action is provided by law. The
90-day time period is tolled by the initiation of a proceeding under ss. 120.569 and 120.57, F.S.
64
Any application for a license which is not approved or denied within the 90-day or shorter time
period, within 15 days after conclusion of a public hearing held on the application, or within 45
days after a recommended order is submitted to the agency and the parties, whichever action and
timeframe is latest and applicable, is considered approved unless the recommended order
recommends that the agency deny the license.
Section 120.60(3), F.S., requires an agency to give a written notice, personally or by mail, that
the agency intends to grant or deny, or has granted or denied, the application for license. The
notice must state with particularity the grounds or basis for the issuance or denial of the license,
except when issuance is a ministerial act. Unless waived by the applicant, a copy of the notice
must be delivered or mailed to each party’s attorney of record and to each person who has made
a written request for notice of agency action. Each notice must inform the recipient of the basis
for the agency decision, and inform the recipient of any administrative hearing pursuant to
ss. 120.569 and 120.57, F.S., or judicial review pursuant to s. 120.68, F.S., which may be
available. The notice must also indicate the procedure that must be followed, and state the
63
Section 552.094, F.S.
64
Section 120.569 F.S., provides the administrative process for all proceedings in which the substantial interests of a party
are determined by an agency, unless the parties are proceeding under the mediation process in s. 120.573, F.S., or the
summary hearing process in s. 120.574, F.S. Section 120.57, F.S., provides additional procedures for matters involving
disputed issues of material fact before an administrative law judge assigned by the Division of Administrative Hearings. BILL: CS/SB 1012 Page 10
applicable time limits. The issuing agency must certify the date the notice was mailed or
delivered, and the notice and the certification must be filed with the agency clerk.
III. Effect of Proposed Changes:
The bill amends s. 112.011(1), F.S., to allow a person with a prior conviction for a crime to
petition a state agency at any time, including while in confinement, while under supervision, or
before obtaining any required personal qualifications for a license, permit, or certification, for a
decision as to whether the person’s prior conviction for a crime would disqualify him or her from
obtaining the license, permit, or certification. The petition must include a record of his or her
prior conviction for a crime or must authorize the state agency to obtain such record.
The bill provides that upon review by the state agency, if the agency determines that a person is
not disqualified for a license, permit, or certification, the decision is binding on the agency in any
later ruling on the person’s formal application unless the information contained in the petition is
found to be inaccurate or incomplete, or the person is subsequently convicted of a crime.
If the state agency determines that a person is disqualified for a license, permit, or certification,
the bill requires the agency to advise the person of an action, if any, he or she may take to
remedy the disqualification. The bill allows a person to submit a revised petition reflecting
completion of the remedial actions before a deadline set by the agency in its final decision on the
petition. The bill prohibits a person from submitting a new petition to the state agency until one
year after a final decision on the initial petition is rendered or the person obtains the required
qualifications for a license, permit, or certification, whichever is earlier.
The bill takes effect July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified. BILL: CS/SB 1012 Page 11
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Under the bill, persons with a prior conviction, may petition an agency to determine if
their prior conviction is disqualifying for a license, permit, or certification.
C. Government Sector Impact:
State agencies may see an increase in costs related to responding to petitions from
persons with a prior conviction, who petition an agency to determine if their prior
conviction is disqualifying for a license, permit, or certification.
The Department of Financial Services (DFS) indicated that an “undetermined amount of
revenue would be lost because of the new ‘petitions’ created by the bill.”
65
Prospective
applicants could submit applications for review in the same manner as license
applications without charge.
66
The department estimated that the licensing unit would
need one supervisor and 12 licensing technicians for a total of 13 FTEs. Salary would be
$538,000, benefits would be $215,200 and the standard expense package of $143,663 for
a total of $896,863.
67
Additional programming expense would total $83,100.
68
VI. Technical Deficiencies:
None.
VII. Related Issues:
Section 112.011(1)(g), F.S., permits a person with a prior conviction to petition an agency to
determine if their prior conviction is disqualifying for a license, permit, or certification. The
FDLE expressed the concern that requiring state agencies to give an advisory opinion on a
person’s eligibility prior to an application may be binding on the agency and could “result in
substantial litigation over what was actually known by the state agency at the time of the
advisory opinion.” The DFS expressed the concern that a response to the petition may involve
giving legal advice to prospective applicants.
69
The DFS states that it makes license eligibility determination for over 177,000 license
applications each year and that approximately 15 percent of those applicants have a criminal
65
Department of Financial Services, 2024 Legislative Bill Analysis for SB 1012, (Jan. 8, 2024) (on file with the Senate
Regulated Industries Committee).
66
Id.
67
Id.
68
Id.
69
Department of Law Enforcement, 2024 Agency Legislative Bill Analysis for SB 1012 (Jan. 16, 2024) (on file with the
Senate Criminal Justice). BILL: CS/SB 1012 Page 12
record. The DFS also expressed the concern that requiring an agency to determine whether a
person with a criminal record has been rehabilitated may produce more subjective licensing
decisions than required under current law. Currently, the DFS states, such subject subjective
decisions occur in only limited situations.
70
VIII. Statutes Affected:
This bill substantially amends section 112.011 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Regulated Industries on January 22, 2024:
The committee substitute deletes all of the provisions in the bill except for the following
provisions. The bill authorizes a convicted person to petition a state agency at any time
for a decision as to whether the person’s prior conviction would disqualify him or her
from obtaining the license, permit, or certification. The record of the prior conviction or
authorization to obtain the record must be included in the petition. If the person is
qualified for the license, the decision is binding on the state agency determination of the
person’s formal application. If disqualified, the agency must tell the person how to
remedy the disqualification. A person may submit a revised petition before the deadline
set by the agency in its final decision on the petition, otherwise, no new petition may be
submitted for one year after the final decision.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
70
Supra, note 68.