F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1443 2023
1 A bill to be entitled
2 An act relating to disqualification from licensing,
3 permitting, or certification based on criminal
4 conviction; amending s. 112.011, F.S.; providing that
5 an application for a license, permit, or certification
6 may only be denied based on the applicant's criminal
7 record under certain circumstances; requiring a state
8 agency to consider certain factors in determining
9 whether an applicant for a license, permit, or
10 certification has been rehabilitated; requiring a
11 state agency to follow certain procedures if it is
12 denying an application for a license, permit, or
13 certification based on the applicant's criminal
14 record; authorizing a person with a criminal record to
15 petition a state agency at any time for a
16 determination as to whether the person is disqualified
17 from obtaining a license, permit, or certification;
18 providing requirements for a state agency in making
19 such determination; providing that certain decisions
20 by a state agency are binding; requiring a state
21 agency to advise applicants how to remedy
22 disqualifications; authorizing a person to submit a
23 new petition after a specified time; authorizing a
24 state agency to charge a fee; prohibiting the use of
25 certain terms by a state agency; amending s. 112.0111,
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26 F.S.; revising legislative intent; revising state
27 agency reporting requirements; amending ss. 310.071
28 455.213, 494.0011, 517.1611, 559.554, 626.207,
29 626.9954, and 648.34, F.S.; conforming provisions to
30 changes made by the act; providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. Subsections (2) and (3) of section 112.011,
35 Florida Statutes, are renumbered as subsections (3) and (4),
36 respectively, subsection (1) of that section is amended, and a
37 new subsection (2) is added to that section, to read:
38 112.011 Disqualification from licensing, permitting, or
39 certification and public employment based on criminal
40 conviction.—
41 (1)(a) Except as provided in s. 775.16, a person may not
42 be disqualified from employment by the state, any of its
43 agencies or political subdivisions, or any municipality solely
44 because of a prior conviction for a crime. However, a person may
45 be denied employment by the state, any of its agencies or
46 political subdivisions, or any municipality by reason of the
47 prior conviction for a crime if the crime was a felony or first-
48 degree misdemeanor and directly related to the position of
49 employment sought.
50 (2)(a)(b) Notwithstanding any other provision of law
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51 Except as provided in s. 775.16, a person may be denied a
52 license, permit, or certification to pursue, practice, or engage
53 in an occupation, trade, vocation, profession, or business by
54 reason of the prior conviction for a crime only if all of the
55 following apply:
56 1. The crime was:
57 a. A forcible felony as defined in s. 776.08;
58 b. A felony or first-degree misdemeanor for which the
59 person was not incarcerated for the offense and was convicted
60 less than 3 years before a state agency considers his or her
61 application for a license, permit, or certification; or
62 c. A felony or first-degree misdemeanor for which the
63 person was incarcerated for the offense and his or her
64 incarceration ended less than 3 years before a state agency
65 considers his or her application for a license, permit, or
66 certification.
67 2. The conviction directly and specifically relates to the
68 duties and responsibilities of the occupation, trade, vocation,
69 profession, or business for which the license, permit, or
70 certification is sought.
71 3. Granting the license, permit, or certification would
72 pose a direct and substantial risk to public safety because
73 there is clear and convincing evidence that the person has not
74 been rehabilitated to safely perform the duties and
75 responsibilities of the that is directly related to the
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76 standards determined by the regulatory authority to be necessary
77 and reasonably related to the protection of the public health,
78 safety, and welfare for the specific occupation, trade,
79 vocation, profession, or business for which the license, permit,
80 or certificate is sought.
81 (b)(c) Notwithstanding any law to the contrary, a state
82 agency may not deny an application for a license, permit,
83 certificate, or employment based solely on the applicant's lack
84 of civil rights. However, this paragraph does not apply to
85 applications for a license to carry a concealed weapon or
86 firearm under chapter 790.
87 (c) In making a determination to whether a person has or
88 has not been rehabilitated as required under paragraph (a) in
89 order to grant a license, permit, or certification, a state
90 agency must consider the person's current circumstances and
91 mitigating factors, including all of the following factors:
92 1. The age of the person when he or she committed the
93 offense.
94 2. The amount of time that has elapsed since the person
95 committed the offense.
96 3. The circumstances surrounding and the nature of the
97 offense.
98 4. If the person completed his or her criminal sentence.
99 5. If the person received a certificate of rehabilitation
100 or good conduct.
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101 6. If the person completed or is an active participant in
102 a rehabilitative drug or alcohol program.
103 7. Any testimonials or recommendations, including progress
104 reports from the person's probation or parole officer.
105 8. Any education and training the person has received.
106 9. The person's past employment history and his or her
107 aspirations.
108 10. The person's family responsibilities.
109 11. If the occupation, trade, vocation, profession, or
110 business for which the person seeks employment requires him or
111 her to be bonded.
112 12. Any other evidence of rehabilitation or information
113 that the person submits to the state agency.
114 (d) A state agency may only deny an application for a
115 license, permit, or certification to pursue, practice, or engage
116 in an occupation, trade, vocation, profession, or business based
117 on a person's criminal record if the state agency does all of
118 the following:
119 1. The state agency must notify the person of its
120 intention to deny the application and request an informal
121 meeting with the person, which the person may attend in person,
122 by teleconference, or by video conference, regarding his or her
123 application. Such notice must be provided in accordance with s.
124 120.60(3) and inform the person that he or she may bring
125 character witnesses to the informal meeting to offer verbal or
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126 written support of the person.
127 2. The state agency must hold the informal meeting within
128 60 days after receiving the person's completed application for a
129 license, permit, or certification. The state agency may not make
130 an adverse inference if the person does not attend an informal
131 meeting or does not bring witnesses to the meeting.
132 3. The state agency must provide written notification to
133 the person, in accordance with s. 120.60(3), of its decision
134 within 60 days after the informal meeting or receipt of a
135 completed application, whichever is later. If the state agen cy
136 denies or intends to deny the application for a license, permit,
137 or certification, the written notice must specify the clear and
138 convincing evidence the agency relied on to determine that the
139 person has not been rehabilitated to safely perform the dutie s
140 and responsibilities of the specific occupation, trade,
141 vocation, profession, or business for which the license, permit,
142 or certification is sought. Such notification must include the
143 procedures and applicable time limits for the person to seek an
144 administrative review of the agency's decision. The agency's
145 decision may only be administratively reviewed pursuant to ss.
146 120.569 and 120.57.
147 (e)1. Notwithstanding any law to the contrary, a person
148 with a criminal record may petition a state agency at any ti me,
149 including while in confinement, under supervision, or before
150 obtaining any required qualifications for a license, permit, or
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151 certification, for a decision as to whether the person's
152 criminal record will disqualify the person from obtaining the
153 license, permit, or certification. The person must include in
154 the petition his or her criminal record or authorize the state
155 agency to obtain his or her criminal record. In reviewing the
156 petition, the state agency must determine if granting the
157 license, permit, or certification to such person would pose a
158 direct and substantial risk to public safety because there is
159 clear and convincing evidence that the person has not been
160 rehabilitated to safely perform the duties and responsibilities
161 of the specific occupation, trade, vocation, profession, or
162 business for which the license, permit, or certification is
163 sought. The state agency must follow the procedures in paragraph
164 (d) when reviewing and making a decision on the petition.
165 2. If a state agency determines under subparagraph 1. that
166 a person is not disqualified for a license, permit, or
167 certification, such decision is binding on the state agency in
168 any later ruling on the person's application for a license,
169 permit, or certification unless there is a material and ad verse
170 change that directly and specifically relates to the person's
171 criminal record.
172 3. If a state agency determines under subparagraph 1. that
173 a person is disqualified for a license, permit, or
174 certification, the state agency must advise the person of any
175 actions the person may take to remedy the disqualification. The
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176 person may submit a revised petition reflecting completion of
177 the remedial actions before the deadline set by the state agency
178 in its final judgment.
179 4. A person may not submit a new petition to the state
180 agency until at least 1 year after a final judgment on the
181 initial petition is rendered or the person obtains the required
182 qualifications for the license, permit, or certification,
183 whichever is earlier.
184 5. A state agency may charge a fee not to exceed $50 per
185 petition for reviewing petitions under this paragraph.
186 (f) Notwithstanding any law to the contrary, a state
187 agency may not use vague terms such as good moral character,
188 moral turpitude, or character and fitness in its decision to
189 disqualify a person from receiving a license, permit, or
190 certification based on the person's criminal record.
191 Section 2. Section 112.0111, Florida Statutes, is amended
192 to read:
193 112.0111 Restrictions on the employment of ex-offenders;
194 legislative intent; state agency reporting requirements.—
195 (1) The Legislature declares that a goal of this state is
196 to clearly identify the occupations from which ex-offenders are
197 disqualified based on the nature of their offenses. The
198 Legislature seeks to make employment opportunities available to
199 ex-offenders in a manner that serves to preserve and protect the
200 health, safety, and welfare of the general public, yet
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201 encourages them to become productive members of society. To this
202 end, state agencies that exercise regulatory authority are in
203 the best position to identify all restrictions on employment
204 imposed by the agencies or by boards that regulate professions
205 and occupations and are obligated to protect the health, safety,
206 and welfare of the general public by clearly setting forth those
207 restrictions in keeping with statutory standards and protections
208 determined by the agencies to be in the least restrictive
209 manner.
210 (2) Annually, each state agency, including, but not
211 limited to, those state agencies responsible for issuing
212 licenses, permits, or certifications to pursue, practice, or
213 engage in an occupation, trade, vocation, profession, or
214 business must professional and occupational regulatory boards,
215 shall e