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 Governmental Oversight and Accountability
BILL: CS/SB 1124
INTRODUCER: Governmental Oversight and Accountability Committee and Senator Calatayud
SUBJECT: Employment of Ex-offenders
DATE: March 23, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Limones-Borja McVaney GO Fav/CS
2. CJ
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1124 creates state-level procedures by which agencies and licensing boards must abide in
their determinations whether to grant or deny a license, permit, or certification to pursue,
practice, or engage in an occupation, trade, vocation, profession, or business based on an
individual’s criminal conviction. The bill places an enhanced burden on agencies to prove by
clear and convincing evidence that the applicant has not been rehabilitated based on the
applicant’s current circumstances and mitigating factors set forth in the bill.
The bill creates additional notice procedures that allow an applicant for licensure, permitting, or
certification, to dispute an agency’s grounds for denial.
The bill authorizes a person to petition a state agency for a binding agency decision as to whether
the person’s criminal record would disqualify him or her from obtaining a license, permit, or
certification. The bill creates a process an agency must follow to makes its decision, and any
decision that a petitioner is not disqualified is binding, barring a material and adverse change
that directly and specifically relates to the person’s criminal record. An agency that decides that a
petitioner is disqualified must advise such petitioner how to remedy the disqualification. The bill
creates a process by which a revised petition may be submitted.
The bill prohibits a state agency from using vague terms such as, “good moral character,” “moral
turpitude,” or “character and fitness” in its decision to disqualify a person from a license, permit,
or certification based on the person’s criminal record.
BILL: CS/SB 1124 Page 2
The bill updates the legislative intent regarding the restrictions on the employment of
ex-offenders. The bill takes away a state agency’s authority to restrict occupational licenses,
permits, certifications, and employment to ex-offenders based on statute, administrative rule, or
agency policy. Instead, a state agency must follow the state-level procedures set forth in this bill.
The bill requires each state agency responsible for issuing licenses, permits, or certifications to
pursue, practice, or engage in an occupation, trade, vocation, profession, or business to annually
submit a report to the Governor, President of the Senate, and the Speaker of the House of
Representatives regarding any applications, petitions, and renewals denied, withheld, or refused.
Each state agency is also required to make the report publically available on its website.
The bill also prohibits the DBPR from using a criminal history record to determine good moral
character, but does not prohibit a criminal history record check altogether.
The bill may have a negative fiscal impact on state agencies; however, the impact is
indeterminate. See Section V. Fiscal Impact Statement.
The bill takes effect July 1, 2023.
II. Present Situation:
Disqualification from Licensing and Public Employment based on Criminal Conviction
Current law prohibits a person from being disqualified from employment by the state and
municipalities solely because of a prior conviction from a crime.1 However, a person may be
denied employment if the crime was a felony or first-degree misdemeanor that is directly related
to the position sought2 or 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 occupation, trade, vocation, profession, or business for which the license, permit,
or certificate is sought.3 These laws do not apply to the employment practices of any law
enforcement or correctional agency,4 fire department,5 or county or municipality related to the
hiring of personnel for position deemed to be critical to security or public safety.6 Any
complaints regarding a violation of this employment provision must be adjudicated according to
the Administrative Procedure Act.7
1
Section 112.011(1)(a), F.S.
2
Id.
3
Section 112.011(1)(b), F.S.
4
Section 112.011(2)(a), F.S.
5
Section 112.011(2)(b), F.S.
6
Section 112.011(2)(c), F.S.
7
Section 112.011(3), F.S.
BILL: CS/SB 1124 Page 3
Administrative Procedures Act
Administrative Review
The Administrative Procedures Act (APA) provides that a party who wishes to challenge an
agency determination of his or her substantial interests must file a petition for a hearing with the
agency. An agency request for an administrative law judge (ALJ) must be made to the Division
of Administrative Hearings within 15 days after receiving the petition.8,9 All parties shall be
given an opportunity for a hearing after reasonable notice.10 Generally, licensing determinations
are subject to either an informal hearing in which the petitioner-applicant does not dispute any
material facts of the agency’s final action,11 or a formal hearing, in which the petitioner disputes
a material fact of the agency’s final action.12
Department of Business and Professional Regulation
The Department of Business and Professional Regulation (DBPR) is the agency charged with the
licensing and regulation of businesses and professionals in the state.13 The DBPR is made up by
the following 12 divisions:14
Administration;
Alcoholic Beverages and Tobacco;
Certified Public Accounting;
Drugs, Devices, and Cosmetics;
Florida Condominiums, Timeshares, and Mobile Homes;
Hotels and Restaurants;
Pari-mutuel Wagering;
Professions;
Real Estate;
Regulation;
Service Operations; and
Technology.
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.15 When a person is
8
Section 120.569(2)(a), F.S.
9
Section 120.569, F.S., applies except when mediation is elected by all parties pursuant to s. 120.573, or when a summary
hearing is elected by all parties pursuant to s. 120.574, F.S.
10
The notice must contain a statement of (1) time, place, and nature of the hearing; and (2) the legal authority and jurisdiction
under which the hearing is to be held. Section 120.569(2)(b), F.S.
11
Section 120.57(2), F.S.
12
Section 120.57(1), F.S.
13
Florida DBPR, General DBPR Information, available at
https://myfloridalicense.custhelp.com/app/answers/detail/a_id/2218/~/general-dbpr-information%3A (last visited Mar. 18,
2023).
14
Section 20.165, F.S.
15
Section 455.219(1), F.S.
BILL: CS/SB 1124 Page 4
authorized to engage in a profession or occupation in Florida, the DBPR issues a “permit,
registration, certificate, or license” to the licensee.16
Division of Professions
The Division of Professions (Division) is responsible for the licensing of approximately 482,886
professionals. The Division administers 12 professional boards, one council, one commission,
and five Department-regulated professions. 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. In
Fiscal Year 2020-2021, there was a total of 464,200 active licenses in the Division, including:17
Profession Active Inactive
Architecture and Interior Design 13,164 397
Asbestos Contractors & Consultants 449 9
Athlete Agents 436 2
Auctioneers 2,421 10
Barbers 23,702 92
Building Code
9,515 539
Administrators/Inspectors
Community Association Managers 19,944 189
Construction Industry 79,651 12,637
Cosmetology 271,789 2,015
Electrical Contractors 13,473 1,172
Employee Leasing Companies 1,053 0
Geologists 1,697 62
Home Inspectors 7,867 608
Landscape Architecture 1,285 130
Mold-Related Services 5,070 617
Pilot Commissioners 103 0
Talent Agencies 425 0
Veterinarians 12,156 207
Total 464,200 18,686
Denial of Licensure
Chapter 455, F.S., provides the general powers of the DBPR and sets forth the procedural and
administrative framework for all of the professional boards housed under the DBPR as well as
16
Section 455.01(4) and (5), F.S.
17
Florida Department of Business and Professional Regulation, Annual Report 2020-2021, pages 12 and 20, available at:
http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY2021.pdf (last visited Mar. 18, 2023).
BILL: CS/SB 1124 Page 5
the Divisions.18 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.”19 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.20
Section 455.213, F.S., creates the process by which an applicable board may deny a license. The
applicable board shall use the process to review an applicant’s criminal record to determine his
or her eligibility for the following licensures:
A barber under chapter 476, F.S.;
A cosmetologist or cosmetology specialist under chapter 477, F.S.;
Any of the following construction professions under chapter 489, F.S.:
o Air-conditioning contractor;
o Electrical contractor;
o Mechanical contractor;
o Plumbing contractor;
o Pollutant storage systems contractor;
o Roofing contractor;
o Sheet metal contractor;
o Solar contractor;
o Swimming pool and spa contractor;
o Underground utility and excavation contractor; or
o Other specialty contractors; or
Any other profession for which the DBPR issues a license, provided the profession is offered
to inmates in any correctional institution or correctional facility as vocational training or
through an industry certification program.21
Current law provides that a conviction22, or any other adjudication, for a crime that occurred
more than 5 years before the application date may not serve as grounds for denial of a license.
DBPR’s licensing boards may consider an applicant’s criminal history, regardless of the time
elapsed since, if it includes a crime listed in the sexual predators act23 or a forcible felony,24 but
only if such criminal history has been found to relate to the practice of the applicable profession.
18
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.
19
Section 455.201(2), F.S.
20
Section 455.201(2), F.S.
21
Section 455.213(3)(a), F.S.
22
The term “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication
is withheld. Section 455.213(3)( b)1., F.S.
23
Section 775.21, F.S.
24
“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery;
burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing,
placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical
force or violence against any individual. Section 776.08, F.S.
BILL: CS/SB 1124 Page 6
The applicable board may also consider the criminal history of an applicant for licensure if such
criminal history has been found to relate to good moral character.
The Barbers’ Board
Barbers are regulated under ch. 476, F.S., by the Barber’s Board within the DBPR. Chapter 476,
F.S., does not provide a basis for denial of a license application based on a person’s criminal
background. However, a person may be denied a license application as a barber for any violation
of s. 455.227, F.S., which authorizes the denial of a license on the basis of a criminal background
related to the practice of, or the ability to practice, a licensee’s profession.25
The Board of Cosmetology
The Board of Cosmetology may deny a cosmetology license or specialty registration application
based on a person’s criminal background. The board may deny a license or application for any
violation of s. 455.227, F.S., which authorizes the denial of a license on the basis of a criminal
background related to the practice of, or the ability to practice, a licensee’s profession. 26
The Construction Industry Licensing Board
The Construction Industry Licensing Board (CILB) may deny a license application for any
person who it finds guilty of any of the grounds for discipline set forth in s. 455.227(1), F.S., or
set forth in the profession’s practice act.27 Specifically, the CILB may deny a license application
for any person who was convicted or found guilty of, or entered a plea of guilty or nolo
contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the
practice of, or the ability to practice, a licensee’s profession.28 The CILB may also deny a
registration application under s. 455.227, F.S., which authorizes the denial of a license on the
basis of a criminal background related to the practice of, or the ability to practice, a profession.29
The Electrical Contractors’ Licensing Board
The Electrical Contractors’ Licensing Board (ECLB) may deny a license application for any
person who it finds guilty of any of the grounds for discipline set forth in s. 455.227(1), F.S., or
set forth in the profession’s practice act.30 The ECLB may also deny a registration application
under s. 455.227, F.S., which authorizes the denial of a license on the basis of a criminal
background related to the practice of, or the ability to practice, a profession.31
The Board