Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1124
Ì373002bÎ373002
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/22/2023 .
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The Committee on Governmental Oversight and Accountability
(Calatayud) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 112.011, Florida Statutes, is amended to
6 read:
7 112.011 Disqualification from licensing, permitting, or
8 certification; and public employment based on criminal
9 conviction.—
10 (1)(a) Except as provided in s. 775.16, a person may not be
11 disqualified from employment by the state, any of its agencies
12 or political subdivisions, or any municipality solely because of
13 a prior conviction for a crime. However, a person may be denied
14 employment by the state, any of its agencies or political
15 subdivisions, or any municipality by reason of the prior
16 conviction for a crime if the crime was a felony or first-degree
17 misdemeanor and directly related to the position of employment
18 sought.
19 (2)(a)(b) Notwithstanding any other law Except as provided
20 in s. 775.16, a person may be denied a license, permit, or
21 certification to pursue, practice, or engage in an occupation,
22 trade, vocation, profession, or business by reason of the prior
23 conviction for a crime only if all of the following apply:
24 1. The crime was:
25 a. A forcible felony as defined in s. 776.08;
26 b. A felony or first-degree misdemeanor for which the
27 person was not incarcerated, and he or she was convicted less
28 than 3 years before a state agency began considering his or her
29 application for the license, permit, or certification; or
30 c. A felony or first-degree misdemeanor for which the
31 person was incarcerated, and his or her incarceration ended less
32 than 3 years before a state agency began considering his or her
33 application for the license, permit, or certification.
34 2. The conviction directly and specifically relates to the
35 duties and responsibilities of the occupation, trade, vocation,
36 profession, or business for which the license, permit, or
37 certification is sought.
38 3. Granting the license, permit, or certification would
39 pose a direct and substantial risk to public safety because
40 there is clear and convincing evidence the person has not been
41 rehabilitated per the criteria in paragraph (c) to safely
42 perform the duties and responsibilities of that is directly
43 related to the standards determined by the regulatory authority
44 to be necessary and reasonably related to the protection of the
45 public health, safety, and welfare for the specific occupation,
46 trade, vocation, profession, or business for which the license,
47 permit, or certificate is sought.
48 (b)(c) Notwithstanding any law to the contrary, a state
49 agency may not deny an application for a license, permit,
50 certificate, or employment based solely on the applicant’s lack
51 of civil rights. However, this paragraph does not apply to
52 applications for a license to carry a concealed weapon or
53 firearm under chapter 790.
54 (c) To determine if a person has not been rehabilitated as
55 required under paragraph (a), a state agency shall consider the
56 person’s current circumstances and mitigating factors, including
57 all of the following:
58 1. The age of the person when he or she committed the
59 crime.
60 2. The amount of time elapsed since the person committed
61 the crime.
62 3. The circumstances surrounding and the nature of the
63 crime.
64 4. Whether the person completed his or her criminal
65 sentence and, if so, the amount of time since doing so.
66 5. Whether the person received a certificate of
67 rehabilitation or good conduct.
68 6. Whether the person completed or is an active participant
69 in a rehabilitative drug or alcohol program.
70 7. Any testimonials or recommendations, including progress
71 reports from the person’s probation or parole officer.
72 8. Any education or training the person has received.
73 9. The person’s employment history and employment
74 aspirations.
75 10. The person’s family responsibilities.
76 11. Whether the occupation, trade, vocation, profession, or
77 business for which the person seeks employment requires him or
78 her to be bonded.
79 12. Any other evidence of rehabilitation or information the
80 person submits to the state agency.
81 (d) A state agency may deny an application for a license,
82 permit, or certificate to pursue, practice, or engage in an
83 occupation, trade, vocation, profession, or business based on a
84 person’s criminal record only if the state agency does all of
85 the following:
86 1. Notifies the person of its intention to deny the
87 application and informs the person that he or she may request an
88 informal meeting and attend such meeting in person or by means
89 of communications media technology as defined in s.
90 120.54(5)(b)2. The notice provided must be consistent with s.
91 120.60(3) and must inform the person of the reasons for denial
92 and that, at the informal meeting, he or she may provide a
93 rebuttal and additional evidence of circumstances or
94 rehabilitation, including any verbal or written support provided
95 by character witnesses in support of him or her. The state
96 agency must allow the person at least 30 calendar days to gather
97 and provide such additional evidence. The state agency may not
98 make an adverse inference if the person does not request or
99 attend an informal meeting or does not bring witnesses to such
100 meeting.
101 2. Provides written notification consistent with s.
102 120.60(3) of its final decision within 60 days after the
103 informal meeting or receipt of a completed application,
104 whichever is later. If the state agency denies or intends to
105 deny the application for a license, permit, or certificate, the
106 written notice must specify the clear and convincing evidence on
107 which the agency based its determination to deny the license,
108 permit, or certification. The agency’s decision shall be
109 administratively reviewable pursuant to ss. 120.569 and 120.57.
110 The agency’s notice must indicate the procedure and time limits
111 that the applicant must follow in requesting an administrative
112 review of the decision and must provide the earliest date that
113 the applicant may submit another application for the license,
114 permit, or certification.
115 (e)1. Notwithstanding any law to the contrary, a person
116 with a criminal record may petition a state agency at any time,
117 including while in confinement, under supervision, or before
118 obtaining any required personal qualifications for a license,
119 permit, or certificate, for a decision as to whether the
120 person’s criminal record would disqualify him or her from
121 obtaining the license, permit, or certification. The person must
122 include in the petition his or her criminal record or authorize
123 the state agency to obtain such criminal record. In reviewing
124 the petition, the state agency must determine if granting the
125 license, permit, or certification to such person would pose a
126 direct and substantial risk to public safety because there is
127 clear and convincing evidence that the person has not been
128 rehabilitated to safely perform the duties and responsibilities
129 of the specific occupation, trade, vocation, profession, or
130 business for which the license, permit, or certification is
131 sought. The state agency must follow the procedure in paragraph
132 (d) when reviewing and making its decision on the petition.
133 2. If a state agency determines under subparagraph 1. that
134 a person is not disqualified for a license, permit, or
135 certification, such decision is binding on the state agency in
136 any later ruling on the person’s formal application unless the
137 information contained in the petition is subsequently found to
138 be inaccurate or incomplete, or there is a material and adverse
139 change that directly relates to the person’s criminal record.
140 3. If the state agency determines under subparagraph 1.
141 that a person is disqualified for a license, permit, or
142 certification, the agency must advise the person of any actions
143 he or she may take, if any, to remedy the disqualification. The
144 person may submit a revised petition reflecting completion of
145 the remedial actions before a deadline set by the agency in its
146 final decision on the petition.
147 4. A person may not submit a new petition to the state
148 agency until 1 year after a final decision on the initial
149 petition is rendered or the person obtains the required
150 qualifications for the license, permit, or certification,
151 whichever is earlier.
152 (f) Notwithstanding any law to the contrary, a state agency
153 may not use vague terms such as “good moral character,” “moral
154 turpitude,” or “character and fitness” in its decision to
155 disqualify a person from a license, permit, or certification
156 based on the person’s criminal record.
157 (3)(a)(2)(a) This section does not apply to any law
158 enforcement or correctional agency.
159 (b) This section does not apply to the employment practices
160 of any fire department relating to the hiring of firefighters.
161 (c) This section does not apply to the employment practices
162 of any county or municipality relating to the hiring of
163 personnel for positions deemed to be critical to security or
164 public safety pursuant to ss. 125.5801 and 166.0442.
165 (4)(3) Any complaint concerning the violation of this
166 section shall be adjudicated in accordance with the procedures
167 set forth in chapter 120 for administrative and judicial review.
168 Section 2. Section 112.0111, Florida Statutes, is amended
169 to read:
170 112.0111 Restrictions on the employment of ex-offenders;
171 legislative intent; state agency reporting requirements.—
172 (1) The Legislature declares that a goal of this state is
173 to clearly identify the occupations from which ex-offenders are
174 disqualified based on the nature of their offenses. The
175 Legislature seeks to make employment opportunities available to
176 ex-offenders in a manner that preserves and protects serves to
177 preserve and protect the health, safety, and welfare of the
178 general public, yet encourages ex-offenders them to become
179 productive members of society. To this end, state agencies that
180 exercise regulatory authority are in the best position to
181 identify all restrictions on employment imposed by the agencies
182 or by boards that regulate professions and occupations and are
183 obligated to protect the health, safety, and welfare of the
184 general public by clearly setting forth those restrictions in
185 keeping with standards in state law and protections determined
186 by the agencies to be in the least restrictive manner.
187 (2) Annually, each state agency, including, but not limited
188 to, those state agencies responsible for issuing licenses,
189 permits, or certifications to pursue, practice, or engage in an
190 occupation, trade, vocation, profession, or business must
191 professional and occupational regulatory boards, shall ensure
192 the appropriate restrictions necessary to protect the overall
193 health, safety, and welfare of the general public are in place,
194 and by December 31, 2011, and every 4 years thereafter, submit
195 to the Governor, the President of the Senate, and the Speaker of
196 the House of Representatives and make publicly available on its
197 website a report that includes all of the following:
198 (a) The number of applicants with a criminal record who
199 applied for each license, permit, or certification in the prior
200 year, and of that number, the number of times the state agency
201 granted the application and the number of times it denied,
202 withheld, or refused to grant a license, permit, or
203 certification because of an applicant’s criminal history. The
204 report must also specify the offense or offenses for which each
205 decision to deny, withhold, or refuse to grant the license,
206 permit, or certification was based A list of all agency or board
207 statutes or rules that disqualify from employment or licensure
208 persons who have been convicted of a crime and have completed
209 any incarceration and restitution to which they have been
210 sentenced for such crime.
211 (b) The number of applicants with a criminal record for
212 each license, permit, or certificate who petitioned the state
213 agency under s. 112.011(2)(e) in the prior year and the number
214 of such applicants whose petitions were approved or denied. The
215 report must also specify the offense or offenses on which each
216 decision to approve or deny a petition was based A determination
217 of whether the disqualifying statutes or rules are readily
218 available to prospective employers and licensees.
219 (c) Any other data the agency deems relevant in fulfilling
220 its purpose under subsection (1) The identification and
221 evaluation of alternatives to the disqualifying statutes or
222 rules which protect the health, safety, and welfare of the
223 general public without impeding the gainful employment of ex
224 offenders.
225 Section 3. Subsection (4) of section 310.071, Florida
226 Statutes, is amended to read:
227 310.071 Deputy pilot certification.—
228 (4) The board must follow the requirements in s. 112.011(2)
229 before Notwithstanding s. 112.011 or any other provision of law
230 relating to the restoration of civil rights, an applicant may
231 shall be disqualified from applying for or and shall be denied a
232 deputy pilot certificate if the applicant, regardless of
233 adjudication, has ever been found guilty of, or pled guilty or
234 nolo contendere to, a charge which was:
235 (a) A felony or first degree misdemeanor which directly
236 related to the navigation or operation of a vessel; or
237 (b) A felony involving the sale of or trafficking in, or
238 conspiracy to sell or traffic in, a controlled substance as
239 defined by chapter 893, or an offense under the laws of any
240 state or country which, if committed in this state, would
241 constitute the felony of selling or trafficking in, or
242 conspiracy to sell or traffic in, such controlled substance.
243 Section 4. Subsections (3) and (11) of section 455.213,
244 Florida Statutes, are amended to read:
245 455.213 General licensing provisions.—
246 (3)(a) Notwithstanding any other law, the applicable board
247 shall use the process in s. 112.011(2) this subsection for
248 review of an applicant’s criminal record to determine his or her
249 eligibility for licensure, a permit, or certification as:
250 1. A barber under chapter 476;
251 2. A cosmetologist or cosmetology specialist under chapter
252 477;
253 3. Any of the following construction professions under
254 chapter 489:
255 a. Air-conditioning contractor;
256 b. Electrical contractor;
257 c. Mechanical contractor;
258 d. Plumbing contractor;
259 e. Pollutant storage systems contractor;
260 f. Roofing contractor;
261 g. Sheet metal contractor;
262 h. Solar contractor;
263 i. Swimming pool and spa contractor;
264 j. Underground utility and excavation contractor; or
265 k. Other specialty contractors; or
266 4. Any other profession for which the department issues a
267 license, provided the profession is offered to inmates in any
268 correctional institution or correctional facility as vocational
269 training or through an industry certification program.
270 (b)1. A conviction, or any other adjudication, for a crime
271 more than 5 years before the date the application is received by
272 the applicable board may not be grounds for denial of a license
273 specified in paragraph (a). For purposes of this paragraph, the
274 term “conviction” means a determination of guilt that is the
275 result of a plea or trial, regardless of whether adjudication is
276 withheld. This paragraph does not limit the applicable board
277 from considering an applicant’s criminal history that includes a
278 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
279 only if such criminal history has been found to relate to the
280 practice of the applicable profession.
281 2. The applicable board may consider the criminal history
282 of an applicant for licensure under subparagraph (a)3. if such
283 criminal history has been found to relate to good moral
284 character.
285 (c)1. A person may apply for a license before his or her
286 lawful release from confinement or supervision. The department
287 may not charge an applicant an additional fee for being confined
288 or under supervision. The applicable board may not deny an
289 application for a license solely on the basis of the applicant’s
290 current confinement or supervision.
291 2. After a license application is approved, the applicable
292 board may stay the issuance of a license until the applicant is
293 lawfully released from confinement or supervision and the
294 applicant notifies the applicable board of such release. The
295 applicable board must verify the applicant’s release with the
296 Department of Corrections before it issues a license.
297 3. If an applicant is unable to appear in person due to his
298 or her confinement or supervision, the applicable board must
299 permit the applicant to appear by teleconference or video
300 conference, as appropriate, at any meeting of the applicable
301 board or other hearing by the agency concerning his or her
302 application.
303 4. If an applicant is confined or under supervision, the
304 Department of Corrections and the applicable board must shall
305 cooperate and coordinate to facilitate the appearance of the
306 applicant at a board meeting or agency hearing in person, by
307 teleconference, or by video conference, as appropriate.
308 (c)(d) Each applicable board shall compile a list of crimes
309 that, if committed and regardless of adjudication, do not relate
310 to the practice of the profession or the ability to practice the
311 profession and do not constitute grounds for denial of a
312 license. This list must be made available on the department’s
313 website and updated annually. Beginning October 1, 2019, each
314 applicable board shall compile a list of crimes that although
315 reported by an applicant for licensure, were not used as a basis
316 for denial. The list must identify for each such license
317 application the crime reported and the date of conviction and
318 whether there was a finding of guilt, a plea, or an adjudication
319 entered or the date of sentencing.
320 (d)(e) Each applicable board shall compile a list of crimes
321 that have been used as a basis for denial of a license in the
322 past 2 years and shall make the list available on the
323 department’s website. Starting October 1, 2019, and updated
324 quarterly thereafter, the applicable board shall compile a list
325 indicating each crime used as a basis for denial. For each crime
326 listed, the applicable board shall must identify the date of
327 conviction, finding of guilt, plea, or adjudication entered, or
328 date of sentencing. Such denials must be made available to the
329 public upon request.
330 (11) For any profession requiring fingerprints as part of
331 the registration, certification, or licensure process or for any
332 profession requiring a criminal history record check to
333 determine good moral character, the fingerprints of the
334 applicant must accompany all applications for registration,
335 certification, or licensure. The fingerprints must shall be
336 forwarded to the Division of Criminal Justice Information
337 Systems within the Department of Law Enforcement for processing
338 to determine whether the applicant has a criminal history
339 record. The fingerprints must shall also be forwarded to the
340 Federal Bureau of Investigation to determine whether the
341 applicant has a criminal history record. The information
342 obtained by the processing of the fingerprints by the Department
343 of Law Enforcement and the Federal Bureau of Investigation must
344 shall be sent to the department to determine whether the
345 applicant is statutorily qualified for registration,
346 certification, or licensure.
347 Section 5. Paragraph (c) of subsection (2) of section
348 494.0011, Florida Statutes, is amended to read:
349 494.0011 Powers and duties of the commission and office.—
350 (2) The commission may adopt rules to administer parts I,
351 II, and III of this chapter, including rules:
352 (c) Establishing time periods during which a loan
353 originator, mortgage broker, or mortgage lender license
354 applicant under part II or part III is barred from licensure due
355 to prior criminal convictions of, or guilty or nolo contendere
356 pleas by, any of the applicant’s control persons, regardless of
357 adjudication. The requirements of s. 112.011(2) apply
358 1. The rules must provide:
359 a. Permanent bars for felonies involving fraud, dishonesty,
360 breach of trust, or money laundering;
361 b. A 15-year disqualifying period for felonies involving
362 moral turpitude;
363 c. A 7-year disqualifying period for all other felonies;
364 and
365 d. A 5-year disqualifying period for misdemeanors involving
366 fraud, dishonesty, or any other act of moral turpitude.
367 2. The rules may provide for an additional waiting period
368 due to dates of imprisonment or community supervision, the
369 commitment of multiple crimes, and other factors reasonably
370 related to the applicant’s criminal history.
371 3. The rules may provide for mitigating factors for crimes
372 identified in sub-subparagraph 1.b. However, the mitigation may
373 not result in a period of disqualification less than 7 years.
374 The rule may not mitigate the disqualifying periods in sub
375 subparagraphs 1.a., 1.c., and 1.d.
376 4. An applicant is not eligible for licensure until the
377 expiration of the disqualifying period set by rule.
378 5. Section 112.011 is not applicable to eligibility for
379 licensure under this part.
380 Section 6. Subsection (2) of section 517.1611, Florida
381 Statutes, is amended to read:
382 517.1611 Guidelines.—
383 (2) The commission shall adopt by rule disqualifying
384 periods pursuant to which an applicant will be disqualified from
385 eligibility for registration based upon criminal convictions,
386 pleas of nolo contendere, or pleas of guilt, regardless of
387 whether adjudication was withheld, by the applicant; any
388 partner, member, officer, or director of the applicant or any
389 person having a similar status or performing similar functions;
390 or any person directly or indirectly controlling the applicant.
391 The requirements of s. 112.011(2) apply
392 (a) The disqualifying periods shall be 15 years for a
393 felony and 5 years for a misdemeanor.
394 (b) The disqualifying periods shall be related to crimes
395 involving registration as a dealer, investment adviser, issuer
396 of securities, or associated person or the application for such
397 registration or involving moral turpitude or fraudulent or
398 dishonest dealing.
399 (c) The rules may also address mitigating factors, an
400 additional waiting period based upon dates of imprisonment or
401 community supervision, an additional waiting period based upon
402 commitment of multiple crimes, and other factors reasonably
403 related to the consideration of an applicant’s criminal history.
404 (d) An applicant is not eligible for registration until the
405 expiration of the disqualifying period set by rule. Section
406 112.011 does not apply to the registration provisions under this
407 chapter. Nothing in this section changes or amends the grounds
408 for denial under s. 517.161.
409 Section 7. Paragraph (b) of subsection (2) of section
410 559.554, Florida Statutes, is amended to read:
411 559.554 Powers and duties of the commission and office.—
412 (2) The commission may adopt rules to administer this part,
413 including rules:
414 (b) Establishing time periods during which a consumer
415 collection agency is barred from registration due to prior
416 criminal convictions of, or guilty or nolo contendere pleas by,
417 an applicant’s control persons, regardless of adjudication. The
418 requirements of s. 112.011(2) apply
419 1. The rules must provide:
420 a. A 15-year disqualifying period for felonies involving
421 fraud, dishonesty, breach of trust, money laundering, or other
422 acts of moral turpitude.
423 b. A 7-year disqualifying period for all other felonies.
424 c. A 5-year disqualifying period for misdemeanors involving
425 fraud, dishonesty, or other acts of moral turpitude.
426 2. The rules must provide for an additional waiting period
427 due to dates of imprisonment or community supervision, the
428 commitment of multiple crimes, and other factors reasonably
429 related to the applicant’s criminal history.
430 3. The rules must provide for mitigating factors for crimes
431 identified in sub-subparagraphs 1.a., 1.b., and 1.c.
432 4. An applicant is not eligible for registration until
433 expiration of the disqualifying period set by rule.
434 5. Section 112.011 does not apply to eligibility for
435 registration under this part.
436 Section 8. Subsection (9) of section 626.207, Florida
437 Statutes, is amended to read:
438 626.207 Disqualification of applicants and licensees;
439 penalties against licensees; rulemaking authority.—
440 (9) Section 112.011(2) applies 112.011 does not apply to
441 any applicants for licensure under the Florida Insurance Code,
442 including, but not limited to, agents, agencies, adjusters,
443 adjusting firms, or customer representatives.
444 Section 9. Subsection (8) of section 626.9954, Florida
445 Statutes, is amended to read:
446 626.9954 Disqualification from registration.—
447 (8) Section 112.011(2) applies 112.011 does not apply to an
448 applicant for registration as a navigator.
449 Section 10. Subsection (7) of section 648.34, Florida
450 Statutes, is amended to read:
451 648.34 Bail bond agents; qualifications.—
452 (7) Section 112.011(2) applies The provisions of s. 112.011
453 do not apply to bail bond agents or to applicants for licensure
454 as bail bond agents.
455 Section 11. This act shall take effect July 1, 2023.
456
457 ================= T I T L E A M E N D M E N T ================
458 And the title is amended as follows:
459 Delete everything before the enacting clause
460 and insert:
461 A bill to be entitled
462 An act relating to employment of ex-offenders;
463 amending s. 112.011, F.S.; revising the criteria a
464 state agency must consider before denying a license,
465 permit, or certification to a person previously
466 convicted of a crime; requiring a state agency to
467 consider specified factors when determining if an ex
468 offender applying for a license, permit, or
469 certification has not been rehabilitated; requiring a
470 state agency to use a specified process in its
471 decision to deny a license, permit, or certificate to
472 a person previously convicted of a crime; authorizing
473 certain persons to petition a state agency to
474 determine whether their criminal record disqualifies
475 them from obtaining a license, permit, or
476 certification; providing the requirements for the
477 petition; requiring the state agency to use a
478 specified procedure when reviewing the petition and
479 making a decision on such petition; providing that
480 such decision is binding on the state agency regarding
481 any subsequent license, permit, or certification
482 application received from that person; requiring the
483 agency to advise the person of any actions he or she
484 may take to remedy the disqualification; authorizing
485 the person to submit a revised petition under
486 specified circumstances; prohibiting a person from
487 submitting a new petition during a specified
488 timeframe; prohibiting a state agency from using
489 specified terminology in a decision related to the
490 denial of a license, permit, or certification;
491 amending s. 112.0111, F.S.; revising legislative
492 intent; requiring specified agencies to submit an
493 annual report to the Governor and the Legislature;
494 requiring that such report be made available on the
495 agency’s website; providing report requirements;
496 amending ss. 310.071, 455.213, 494.0011, 517.1611,
497 559.554, 626.207, 626.9954, and 648.34, F.S.;
498 conforming provisions to changes made by the act;
499 providing an effective date.