Florida Senate - 2022 SB 1548
By Senator Perry
8-01329A-22 20221548__
1 A bill to be entitled
2 An act relating to occupational licensing; amending s.
3 455.213, F.S.; prohibiting boards within the Division
4 of Certified Public Accounting, the Division of
5 Professions, or the Division of Real Estate of the
6 Department of Business and Professional Regulation
7 from inquiring into or considering a license
8 applicant’s criminal history until after the board
9 determines the applicant is otherwise qualified for a
10 license; prohibiting the state, its agents, and
11 political subdivisions from using, distributing, or
12 disseminating certain criminal history information in
13 connection with applications for licensure;
14 prohibiting such boards from denying an applicant’s
15 license application due to the applicant’s criminal
16 history unless the applicant was convicted of a felony
17 that directly relates to the profession; requiring
18 such boards to consider specified factors when
19 determining whether a felony is directly related to a
20 profession; requiring such boards to provide specified
21 notification to applicants who are determined to be
22 ineligible for licensure because of a felony
23 conviction; prohibiting such applicants from being
24 denied a license if they provide specified evidence;
25 providing a timeframe for an applicant to take
26 specified actions relating to a board’s notice;
27 requiring such boards to provide written notification
28 of specified information to applicants after denying
29 their license applications; providing an effective
30 date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Paragraphs (a) and (b) of subsection (3) of
35 section 455.213, Florida Statutes, are amended to read:
36 455.213 General licensing provisions.—
37 (3)(a) Notwithstanding any other law, the applicable board
38 shall use the process in this subsection for review of an
39 applicant’s criminal record to determine his or her eligibility
40 for licensure.
41 (a) A board may not inquire into or consider the criminal
42 history of a license applicant until after the board determines
43 the applicant is otherwise qualified for a license as:
44 1. A barber under chapter 476;
45 2. A cosmetologist or cosmetology specialist under chapter
46 477;
47 3. Any of the following construction professions under
48 chapter 489:
49 a. Air-conditioning contractor;
50 b. Electrical contractor;
51 c. Mechanical contractor;
52 d. Plumbing contractor;
53 e. Pollutant storage systems contractor;
54 f. Roofing contractor;
55 g. Sheet metal contractor;
56 h. Solar contractor;
57 i. Swimming pool and spa contractor;
58 j. Underground utility and excavation contractor; or
59 k. Other specialty contractors; or
60 4. Any other profession for which the department issues a
61 license, provided the profession is offered to inmates in any
62 correctional institution or correctional facility as vocational
63 training or through an industry certification program.
64 (b)1. Except as provided in subparagraph 3., a conviction,
65 or any other adjudication, for a crime more than 5 years before
66 the date the application is received by the applicable board may
67 not be grounds for denial of a license specified in paragraph
68 (a). For purposes of this paragraph, the term “conviction” means
69 a determination of guilt that is the result of a plea or trial,
70 regardless of whether adjudication is withheld. This paragraph
71 does not limit the applicable board from considering an
72 applicant’s criminal history that includes a crime listed in s.
73 775.21(4)(a)1. or s. 776.08 at any time, but only if such
74 criminal history has been found to relate to the practice of the
75 applicable profession.
76 2. Notwithstanding subparagraph 1., the following criminal
77 history information may not be used, distributed, or
78 disseminated by the state, its agents, or political subdivisions
79 in connection with an application for licensure:
80 a. An arrest without a valid conviction.
81 b. A conviction that has been sealed, dismissed, or
82 expunged.
83 c. A misdemeanor conviction without incarceration.
84 d. A noncriminal infraction.
85 3. If a board determines an applicant is otherwise
86 qualified for a license and begins review of the applicant’s
87 criminal history, the board may deny an applicant’s license
88 application due to the applicant’s criminal history only if the
89 applicant is convicted of a felony that directly relates to the
90 occupation for which the license is sought or held. In
91 determining if a felony directly relates to the occupation for
92 which the license is sought or held, the board must consider:
93 a. The nature and seriousness of the felony;
94 b. Whether the conviction is directly related to the
95 licensee’s or applicant’s duties or responsibilities;
96 c. Whether the profession presents the opportunity for the
97 same or similar offense to occur;
98 d. Whether circumstances leading to the applicant’s
99 conviction are likely to occur in the profession;
100 e. The applicant’s age at the time he or she committed the
101 felony;
102 f. The amount of time that has passed since the applicant
103 committed the felony;
104 g. All circumstances relating to the felony, including, but
105 not limited to, mitigating circumstances or social conditions
106 surrounding the commission of the felony; and
107 h. Evidence of the applicant’s rehabilitation and present
108 fitness to perform the duties of the profession.
109 4. If a board determines that an applicant is ineligible
110 for a license due to his or her criminal history, the board must
111 notify the applicant, in writing and before the board’s final
112 decision to deny the application, of the conviction that is the
113 basis for the determination and must provide a copy of the
114 criminal history report, if any, and provide examples of
115 mitigation or rehabilitation evidence that the applicant may
116 provide the board that may affect the board’s decision.
117 5. A board may not deny an applicant convicted of an
118 offense that a board has determined directly relates to the
119 profession for which a license is sought a license if the
120 applicant provides evidence of mitigation or rehabilitation and
121 present fitness to perform the duties of the profession. An
122 applicant has 10 business days after issuance of a notice under
123 subparagraph 4. to respond to the notice with any required
124 information, to challenge the accuracy of any provided
125 information, or to submit mitigation or rehabilitation evidence.
126 Evidence of mitigation or rehabilitation includes, but is not
127 limited to, showing compliance with the terms and conditions of
128 probation or parole, providing letters of reference, or
129 providing education or program certificates.
130 6. If a board denies a license application because of a
131 prior conviction, the board must notify the applicant in
132 writing:
133 a. Of the final denial;
134 b. Of the appeals process;
135 c. That the applicant may be eligible for other licenses;
136 and
137 d. Of the earliest date the applicant may submit another
138 license application for the profession The applicable board may
139 consider the criminal history of an applicant for licensure
140 under subparagraph (a)3. if such criminal history has been found
141 to relate to good moral character.
142 Section 2. This act shall take effect July 1, 2022.