Bill Text: FL S1302 | 2022 | Regular Session | Comm Sub

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-Comm_Sub.html

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       Florida Senate - 2022                             CS for SB 1302
       
       
        
       By the Committee on Regulated Industries; and Senator Burgess
       
       
       
       
       
       580-02079-22                                          20221302c1
    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, or the Department of Business and Professional
    5         Regulation if there is no such board, from inquiring
    6         into or considering the conviction history of an
    7         applicant for licensure until it is determined that
    8         the applicant is otherwise qualified; revising
    9         professions for licensure eligibility; removing a
   10         provision relating to licensure of other professions
   11         offered to certain inmates under certain
   12         circumstances; prohibiting the use of a conviction, or
   13         other adjudication, for a crime before the date an
   14         application is received as being grounds for denial of
   15         a license; authorizing an applicable board, or the
   16         department if there is no board, to consider an
   17         applicant’s criminal history only if such criminal
   18         history directly relates to the practice of the
   19         applicable profession; prohibiting the use,
   20         distribution, and dissemination of specified criminal
   21         records; removing a provision authorizing an
   22         applicable board to consider an applicant’s criminal
   23         history if the history has been found to relate to
   24         good moral character; prohibiting the applicable
   25         board, or the department if there is no board, from
   26         denying an application for licensure of a person based
   27         solely or in part on an applicant’s criminal history;
   28         providing an exception; providing requirements for
   29         determining if such criminal history directly relates
   30         to the practice of the applicable profession;
   31         providing requirements if the applicable board, or the
   32         department if there is no board, intends to deny an
   33         application for license based solely or in part on the
   34         applicant’s prior conviction; amending s. 943.059,
   35         F.S.; providing requirements for court-ordered sealing
   36         of certain records that were automatically sealed by
   37         the Department of Law Enforcement under specified
   38         provisions; providing an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Present paragraphs (b) through (e) of subsection
   43  (3) of section 455.213, Florida Statutes, are redesignated as
   44  paragraphs (c) through (f), respectively, a new paragraph (b)
   45  and paragraph (g) are added to that subsection, and paragraph
   46  (a) and present paragraph (b) of that subsection are amended, to
   47  read:
   48         455.213 General licensing provisions.—
   49         (3)(a) Notwithstanding any other law, the applicable board,
   50  or the department if there is no board, shall use the process in
   51  this subsection for review of an applicant’s criminal record to
   52  determine his or her eligibility for licensure.
   53         (b) The applicable board, or the department if there is no
   54  board, may not inquire into or consider the conviction history
   55  of an applicant for licensure until the applicant is determined
   56  to be otherwise qualified for licensure. as:
   57         1. A barber under chapter 476;
   58         2. A cosmetologist or cosmetology specialist under chapter
   59  477;
   60         3. Any of the following construction professions under
   61  chapter 489:
   62         a. Air-conditioning contractor;
   63         b. Electrical contractor;
   64         c. Mechanical contractor;
   65         d. Plumbing contractor;
   66         e. Pollutant storage systems contractor;
   67         f. Roofing contractor;
   68         g. Sheet metal contractor;
   69         h. Solar contractor;
   70         i. Swimming pool and spa contractor;
   71         j. Underground utility and excavation contractor; or
   72         k. Other specialty contractors; or
   73         4. Any other profession for which the department issues a
   74  license, provided the profession is offered to inmates in any
   75  correctional institution or correctional facility as vocational
   76  training or through an industry certification program.
   77         (c)1.(b)1. A conviction, or any other adjudication, for a
   78  crime more than 5 years before the date the application is
   79  received by the applicable board, or the department if there is
   80  no board, may not be grounds for denial of a license specified
   81  in paragraph (a). For purposes of this subsection paragraph, the
   82  term “conviction” means a determination of guilt that is the
   83  result of a plea or trial, regardless of whether adjudication is
   84  withheld. This subparagraph paragraph does not limit the
   85  applicable board, or the department if there is no board, from
   86  considering an applicant’s criminal history that includes a
   87  crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
   88  only if such criminal history has been found to directly relate
   89  to the practice of the applicable profession.
   90         2. Notwithstanding subparagraph 1., the following criminal
   91  history may not be used, distributed, or disseminated by the
   92  department or a board or its agents in connection with an
   93  application for licensure:
   94         a. An arrest without a valid conviction.
   95         b. Convictions that have been sealed, dismissed, or
   96  expunged.
   97         c. Misdemeanor convictions without incarceration.
   98         d. Noncriminal infractions.
   99         (g) The applicable board, or the department if there is no
  100  board, may not deny an application for a license solely or in
  101  part on the basis of an applicant’s criminal history unless the
  102  criminal history directly relates to the practice of the
  103  applicable profession for which the license is sought or held.
  104         1. In determining if a criminal history directly relates to
  105  the practice of the applicable profession for which the license
  106  is sought or held, the applicable board, or the department if
  107  there is no board, shall consider:
  108         a. The nature and seriousness of the conviction.
  109         b. Whether the conviction directly relates to the practice
  110  of the applicable profession for which the license is sought or
  111  held.
  112         c. Whether the duties and responsibilities of the
  113  profession provide the opportunity for the same or a similar
  114  offense to occur.
  115         d. Whether circumstances leading to the offense for which
  116  the person was convicted will recur in the profession.
  117         e. The age of the person at the time the offense was
  118  committed.
  119         f. The length of time since the conviction.
  120         g. All circumstances relative to the offense, including
  121  mitigating circumstances or social conditions surrounding the
  122  commission of the offense.
  123         h. Evidence of mitigation or rehabilitation and the
  124  applicant’s current ability to practice the profession
  125  competently in accordance with the actual practice of the
  126  profession.
  127         2. If the applicable board, or the department if there is
  128  no board, intends to deny an application for a license solely or
  129  in part on the basis of the applicant’s criminal history, it
  130  must notify the applicant in writing of its intent before making
  131  a final decision. Such notice must do all of the following:
  132         a. Identify the reasons for the potential denial.
  133         b. Provide a copy of any criminal history record.
  134         c. Provide examples of evidence of mitigation or
  135  rehabilitation and the current ability to practice the
  136  profession competently in accordance with the actual practice of
  137  the profession, which the applicant may voluntarily provide.
  138         (I) An applicant who has been convicted of an offense that
  139  directly relates to the practice of the applicable profession
  140  for which a license is sought may not be denied the license if
  141  he or she can show evidence of mitigation or rehabilitation and
  142  the current ability to practice the profession competently in
  143  accordance with the actual practice of the profession.
  144         (II) The applicant shall have 10 business days after
  145  issuance of the notice to respond with any information,
  146  including challenging the accuracy of the information and
  147  submitting evidence of mitigation or rehabilitation and his or
  148  her current ability to practice the profession competently in
  149  accordance with the actual practice of the profession.
  150         (III) Evidence of mitigation or rehabilitation and the
  151  applicant’s current ability to practice the profession
  152  competently in accordance with the actual practice of the
  153  profession may be established by:
  154         (A) Proof of compliance with the terms and conditions of
  155  probation or parole; or
  156         (B) Other evidence, including, but not limited to, letters
  157  of reference or program or education certificates.
  158         (IV) If an applicable board, or the department if there is
  159  no board, denies an application for a license solely or in part
  160  on the basis of the applicant’s criminal history, it must notify
  161  the applicant in writing of all of the following:
  162         (A) Final denial.
  163         (B) Appeal process The applicable board may consider the
  164  criminal history of an applicant for licensure under
  165  subparagraph (a)3. if such criminal history has been found to
  166  relate to good moral character.
  167         Section 2. Present paragraph (b) of subsection (2) of
  168  section 943.059, Florida Statutes, is redesignated as paragraph
  169  (c), and paragraph (f) is added to subsection (1) and a new
  170  paragraph (b) is added to subsection (2) of that section, to
  171  read:
  172         943.059 Court-ordered sealing of criminal history records.—
  173         (1) ELIGIBILITY.—A person is eligible to petition a court
  174  to seal a criminal history record when:
  175         (f) Notwithstanding paragraphs (b) and (e), if a criminal
  176  history record has been automatically sealed pursuant to s.
  177  943.0595 and the subject of the sealed record presents a record
  178  of the sealing by the department described in paragraph (2)(b)
  179  to the court, the court shall grant the sealing of the criminal
  180  history record.
  181         (2) CERTIFICATE OF ELIGIBILITY.—Before petitioning the
  182  court to seal a criminal history record, a person seeking to
  183  seal a criminal history record must apply to the department for
  184  a certificate of eligibility for sealing. The department shall
  185  adopt rules relating to the application for and issuance of
  186  certificates of eligibility for sealing.
  187         (b) Notwithstanding paragraph (a), the department shall
  188  also issue a certificate of eligibility for sealing to a person
  189  who is the subject of a criminal history record that has been
  190  sealed by the department pursuant to s. 943.0595. This
  191  certificate must indicate that the record has been sealed by the
  192  department and is only valid for court-ordered sealing under
  193  paragraph (1)(f) of a record already sealed pursuant to s.
  194  943.0595.
  195         Section 3. This act shall take effect July 1, 2022.