Florida Senate - 2024                             CS for SB 1012
       
       
        
       By the Committee on Regulated Industries; and Senator Calatayud
       
       
       
       
       
       580-02362-24                                          20241012c1
    1                        A bill to be entitled                      
    2         An act relating to employment of ex-offenders;
    3         amending s. 112.011, F.S.; authorizing a person to
    4         petition a state agency at any time for a decision as
    5         to whether his or her prior conviction disqualifies
    6         him or her from obtaining a license, permit, or
    7         certification; requiring the person to include a
    8         specified record or authorize the state agency to
    9         obtain such record; providing that a state agency’s
   10         decision that the person is not disqualified for a
   11         specified license, permit, or certification is binding
   12         on the agency unless certain conditions exist;
   13         requiring the agency to advise the person, if
   14         disqualified, of any actions he or she may take to
   15         remedy the disqualification; authorizing the person to
   16         submit a revised petition reflecting completion of any
   17         remedial actions before a certain date; prohibiting a
   18         person from submitting a new petition to the state
   19         agency within a specified timeframe after a final
   20         decision is made; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (d) is added to subsection (1) of
   25  section 112.011, Florida Statutes, to read:
   26         112.011 Disqualification from licensing and public
   27  employment based on criminal conviction.—
   28         (1)
   29         (d)1. Notwithstanding any other law, a person with a prior
   30  conviction for a crime may petition a state agency at any time,
   31  including while in confinement, while under supervision, or
   32  before obtaining any required personal qualifications for a
   33  license, permit, or certification, for a decision as to whether
   34  the person’s prior conviction for a crime would disqualify him
   35  or her from obtaining the license, permit, or certification. In
   36  the petition, the person must include a record of his or her
   37  prior conviction for a crime or must authorize the state agency
   38  to obtain such record.
   39         2. If a state agency reviews the petition submitted
   40  pursuant to subparagraph 1. and determines that a person is not
   41  disqualified for a license, permit, or certification, such
   42  decision is binding on the state agency in any later ruling on
   43  the person’s formal application unless the information contained
   44  in the petition is found to be inaccurate or incomplete, or the
   45  person is subsequently convicted of a crime.
   46         3. If the state agency determines under subparagraph 1.
   47  that a person is disqualified for a license, permit, or
   48  certification, the agency must advise the person of any actions
   49  he or she may take to remedy the disqualification. The person
   50  may submit a revised petition reflecting completion of any
   51  remedial actions before a deadline set by the agency in its
   52  final decision on the petition.
   53         4. A person may not otherwise submit a new petition to the
   54  state agency until 1 year after a final decision on the initial
   55  petition is rendered or the person obtains the required
   56  qualifications for a license, permit, or certification,
   57  whichever is earlier.
   58         Section 2. This act shall take effect July 1, 2024.