Bill Text: FL S1302 | 2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Criminal History Records

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-03-14 - Died on Calendar [S1302 Detail]

Download: Florida-2022-S1302-Introduced.html

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       Florida Senate - 2022                                    SB 1302
       
       
        
       By Senator Burgess
       
       
       
       
       
       20-00625A-22                                          20221302__
    1                        A bill to be entitled                      
    2         An act relating to criminal history information;
    3         amending s. 455.213, F.S.; prohibiting an applicable
    4         board from inquiring into, or considering the
    5         conviction history of, an applicant for licensure
    6         until it is determined that the applicant is otherwise
    7         qualified; revising professions for licensure
    8         eligibility; removing a provision relating to
    9         licensure of other professions offered to certain
   10         inmates under certain circumstances; prohibiting the
   11         use of a conviction, or other adjudication, for a
   12         crime before the date an application is received as
   13         being grounds for denial of a license; authorizing an
   14         applicable board to consider an applicant’s criminal
   15         history that includes certain crimes only if such
   16         criminal history directly relates to the practice of
   17         the applicable profession; prohibiting the use,
   18         distribution, and dissemination of specified criminal
   19         records; removing a provision authorizing an
   20         applicable board to consider an applicant’s criminal
   21         history if the history has been found to relate to
   22         good moral character; prohibiting the applicable board
   23         from denying an application for license of a person
   24         based solely or in part on a prior felony conviction;
   25         providing an exception; providing requirements for
   26         determining if such felony conviction directly relates
   27         to the practice of the applicable profession;
   28         providing requirements if the applicable board intends
   29         to deny an application for license based solely or in
   30         part on the applicant’s prior felony conviction;
   31         amending s. 943.059, F.S.; providing requirements for
   32         court-ordered sealing of certain records that were
   33         automatically sealed by the Department of Law
   34         Enforcement under specified provisions; providing an
   35         effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Present paragraphs (b) through (e) of subsection
   40  (3) of section 455.213, Florida Statutes, are redesignated as
   41  paragraphs (c) through (f), respectively, a new paragraph (b)
   42  and paragraph (g) are added to that subsection, and paragraph
   43  (a) and present paragraph (b) of that subsection are amended, to
   44  read:
   45         455.213 General licensing provisions.—
   46         (3)(a) Notwithstanding any other law, the applicable board
   47  shall use the process in this subsection for review of an
   48  applicant’s criminal record to determine his or her eligibility
   49  for licensure. as:
   50         (b) The applicable board may not inquire into, or consider
   51  the conviction history of, an applicant for licensure until the
   52  applicant is determined to be otherwise qualified for licensure.
   53         1. A barber under chapter 476;
   54         2. A cosmetologist or cosmetology specialist under chapter
   55  477;
   56         3. Any of the following construction professions under
   57  chapter 489:
   58         a. Air-conditioning contractor;
   59         b. Electrical contractor;
   60         c. Mechanical contractor;
   61         d. Plumbing contractor;
   62         e. Pollutant storage systems contractor;
   63         f. Roofing contractor;
   64         g. Sheet metal contractor;
   65         h. Solar contractor;
   66         i. Swimming pool and spa contractor;
   67         j. Underground utility and excavation contractor; or
   68         k. Other specialty contractors; or
   69         4. Any other profession for which the department issues a
   70  license, provided the profession is offered to inmates in any
   71  correctional institution or correctional facility as vocational
   72  training or through an industry certification program.
   73         (c)(b)1. A conviction, or any other adjudication, for a
   74  crime more than 5 years before the date the application is
   75  received by the applicable board may not be grounds for denial
   76  of a license specified in paragraph (a). For purposes of this
   77  paragraph, the term “conviction” means a determination of guilt
   78  that is the result of a plea or trial, regardless of whether
   79  adjudication is withheld. This subparagraph paragraph does not
   80  limit the applicable board from considering an applicant’s
   81  criminal history that includes a crime listed in s.
   82  775.21(4)(a)1. or s. 776.08 at any time, but only if such
   83  criminal history has been found to directly relate to the
   84  practice of the applicable profession.
   85         2. Notwithstanding subparagraph 1., the following criminal
   86  history may not be used, distributed, or disseminated by the
   87  state, its agents, or political subdivisions in connection with
   88  an application for licensure:
   89         a. An arrest without a valid conviction.
   90         b. Convictions that have been sealed, dismissed, or
   91  expunged.
   92         c. Misdemeanor convictions without incarceration.
   93         d. Noncriminal infractions.
   94         2. The applicable board may consider the criminal history
   95  of an applicant for licensure under subparagraph (a)3. if such
   96  criminal history has been found to relate to good moral
   97  character.
   98         (g) The applicable board may not deny an application for a
   99  license solely or in part on the basis of an applicant’s prior
  100  felony conviction unless the conviction directly relates to the
  101  practice of the applicable profession for which the license is
  102  sought or held.
  103         1. In determining if a felony conviction directly relates
  104  to the practice of the applicable profession for which the
  105  license is sought or held, the applicable board shall consider:
  106         a. The nature and seriousness of the conviction.
  107         b. Whether the conviction directly relates to the practice
  108  of the applicable profession for which the license is sought or
  109  held.
  110         c. Whether the duties and responsibilities of the
  111  profession provide the opportunity for the same or a similar
  112  offense to occur.
  113         d. Whether circumstances leading to the offense for which
  114  the person was convicted will recur in the profession.
  115         e. The age of the person at the time the felony was
  116  committed.
  117         f. The length of time since the conviction.
  118         g. All circumstances relative to the felony, including
  119  mitigating circumstances or social conditions surrounding the
  120  commission of the felony.
  121         h. Evidence of mitigation or rehabilitation and the
  122  applicant’s current ability to practice the profession
  123  competently in accordance with the actual practice of the
  124  profession.
  125         2. If the applicable board intends to deny an application
  126  for a license solely or in part on the basis of the applicant’s
  127  prior felony conviction, the board must notify the applicant in
  128  writing of all of the following before making a final decision:
  129         a. Identify the reasons for the potential denial.
  130         b. Provide a copy of any criminal history record.
  131         c. Provide examples of evidence of mitigation or
  132  rehabilitation and the current ability to practice the
  133  profession competently in accordance with the actual practice of
  134  the profession which the applicant may voluntarily provide.
  135         (I) An applicant who has been convicted of an offense that
  136  directly relates to the practice of the applicable profession
  137  for which a license is sought may not be denied the license if
  138  he or she can show evidence of mitigation or rehabilitation and
  139  the current ability to practice the profession competently in
  140  accordance with the actual practice of the profession.
  141         (II) The applicant shall have 10 business days after
  142  issuance of the notice to respond with any information,
  143  including challenging the accuracy of the information and
  144  submitting evidence of mitigation or rehabilitation and his or
  145  her current ability to practice the profession competently in
  146  accordance with the actual practice of the profession.
  147         (III) Evidence of mitigation or rehabilitation and the
  148  applicant’s current ability to practice the profession
  149  competently in accordance with the actual practice of the
  150  profession may be established by:
  151         (A) Proof of compliance with the terms and conditions of
  152  probation or parole; or
  153         (B) Other evidence, including, but not limited to, letters
  154  of reference or program or education certificates.
  155         (IV) If an applicable board denies an application for a
  156  license solely or in part on the basis of the applicant’s prior
  157  felony conviction, the applicable board must notify the
  158  applicant in writing of all of the following:
  159         (A) Final denial.
  160         (B) Appeal process.
  161         (C) Eligibility for other licenses or professions.
  162         (D) Earliest date the applicant may reapply for a license.
  163         Section 2. Present paragraph (b) of subsection (2) of
  164  section 943.059, Florida Statutes, is redesignated as paragraph
  165  (c), and paragraph (f) is added to subsection (1) and a new
  166  paragraph (b) is added to subsection (2) of that section, to
  167  read:
  168         943.059 Court-ordered sealing of criminal history records.—
  169         (1) ELIGIBILITY.—A person is eligible to petition a court
  170  to seal a criminal history record when:
  171         (f) Notwithstanding paragraphs (b) and (e), if a criminal
  172  history record has been automatically sealed pursuant to s.
  173  943.0595 and the subject of the sealed record presents a record
  174  of the sealing by the department described in paragraph (2)(b)
  175  to the court, the court shall grant the sealing of the criminal
  176  history record.
  177         (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning the
  178  court to seal a criminal history record, a person seeking to
  179  seal a criminal history record must apply to the department for
  180  a certificate of eligibility for sealing. The department shall
  181  adopt rules relating to the application for and issuance of
  182  certificates of eligibility for sealing.
  183         (b) Notwithstanding paragraph (a), the department shall
  184  also issue a certificate of eligibility for sealing to a person
  185  who is the subject of a criminal history record that has been
  186  sealed by the department pursuant to s. 943.0595. This
  187  certificate must indicate that the record has been sealed by the
  188  department and is only valid for court-ordered sealing under
  189  paragraph (1)(f) of a record already sealed pursuant to s.
  190  943.0595.
  191         Section 3. This act shall take effect July 1, 2022.