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/CS/SB 1012
INTRODUCER: Criminal Justice Committee; Regulated Industries Committee; and Senator Calatayud
SUBJECT: Use of Criminal History in Licensing
DATE: February 8, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Fav/CS
2. Vaughan Stokes CJ Fav/CS
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1012 amends s. 112.011, F.S., to revise the procedures and criteria that state agencies
must follow and consider before denying a license, permit, or certification to a person previously
convicted of a crime.
The bill includes definitions for the terms conviction and fiduciary duty. The bill specifies that a
person may not be denied a license, permit, or certification by reason of the person’s arrest if not
followed by a conviction. However, if a person has pending criminal charges, that may serve as
the basis of a denial of a license, permit, or certification to pursue, practice, or engage in an
occupation, a trade, a vocation, a profession, or a business, a state agency may defer its decision
on the person’s application for a license, permit, or certification pending resolution of the
criminal charges.
Section 112.011(2), F.S., specifies that a person may be denied a license, permit, or certification
based on a prior conviction if all of the following apply:
The crime was:
o A forcible felony as defined in s. 776.08, F.S.;
o An offense involving a breach of fiduciary duty;
o An offense for a fraudulent practice under ch. 817, F.S., relating to fraudulent practices,
or a substantially similar offense under the laws of another state;
BILL: CS/CS/SB 1012 Page 2
o A felony or first-degree misdemeanor for which the person was not incarcerated, and he
or she was convicted less than three years before a state agency began considering his or
her application for the license, permit, or certification; or
o A felony or first-degree misdemeanor for which the person was incarcerated, and his or
her incarceration ended less than three years before a state agency began considering his
or her application for the license, permit, or certification.
The conviction directly and specifically relates to the duties and responsibilities of the
occupation, trade, vocation, profession, or business for which the license, permit, or
certification is sought.
Granting the license, permit, or certification pose a direct and substantial risk to public
safety.
The bill provides circumstances and mitigating factors for state agencies to consider when
determining if issuing a license, permit, or certification to a person would pose a direct and
substantial risk to public safety, including the age of the person at the time the crime was
committed, the amount of time that has elapsed since the person committed the crime, and other
evidence of rehabilitation.
The bill specifies that a state agency must provide written notice to the applicant on the issuance
or denial of a license, permit, or certificate application.
The bill specifies that a person can apply for a license, permit or certification at any time
including while in confinement, under supervision, or before obtaining the required
qualifications for the license, permit, or certification. The applicant must include a record of his
or her prior conviction for a crime and must authorize the state agency to obtain such record.
The bill provides timeframes for a state agency to keep records relating to the review and
approval or denial for 7 years unless a longer timeframe is required by law. For a person who
submits an application while in confinement or prior to completing the requirements for
approval, a fee may be charged by the state agency to offset costs. 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 deletes the criminal record disqualification for:
Deputy pilot certification by the Board of Pilot Commissioners within the Department of
Business and Professional Regulation (DBPR).
Being employed as a manager, person in charge, or bartender for an alcoholic beverages
vendor if the person has been convicted in the past five years of any felony in Florida, any
other state, or the United States.
Licensure issued under the Florida Insurance Code, including, but not limited to, agents,
agencies, adjusters, adjusting firms, or customer representatives, and registration as a health
insurance exchange navigator.
BILL: CS/CS/SB 1012 Page 3
Licensure as a bail bond agent’s license.
The fiscal impact for potential applicants utilizing this process is indeterminate at this time. See
Section V. Fiscal Impact Statement.
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 felony1 or first-degree misdemeanor2 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
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.
BILL: CS/CS/SB 1012 Page 4
Registration as a health insurance exchange navigator;7
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 firefighters10; 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
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.
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/CS/SB 1012 Page 5
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
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:
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.
BILL: CS/CS/SB 1012 Page 6
…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.
Licensing and Criminal Background for Certain Professions
However, in 2019, the Legislature created a process for reviewing the criminal history of
applicants