House Staff Analysis: PCS for HB 133 Criminal History of Licensees and Employees (Commerce Committee)

Issuer: Congressional materials
Document type: 2024 3220 Commerce Committee Proposed Committee Bill Analyses Fn Pcs0133 Com
Case: 2024 3220 Commerce Committee Proposed Committee Bill Analyses Fn Pcs0133 Com

Summary

A House of Representatives staff analysis of PCS for HB 133, Criminal History of Licensees and Employees, sponsored by the Commerce Committee and dated January 19, 2024. The analysis describes Department of Business and Professional Regulation licensing of barbers and cosmetologists and the criminal history review under s. 455.213(3)(b)1., F.S. It states that the bill reduces from five years to three years the period in which a conviction may be used to deny a barber or cosmetologist license, and requires the boards to approve credits from vocational training programs offered to inmates. The bill also repeals s. 562.13(3), F.S., which bars licensed alcohol vendors from employing managers or bartenders with certain recent convictions. The analysis reports no fiscal impact on state or local governments and an effective date of July 1, 2024.

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“House Staff Analysis: PCS for HB 133 Criminal History of Licensees and Employees (Commerce Committee).” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3220-commerce-committee-proposed-committee-bill-analyses-fn-pcs0133-com/, SHA-256 d7e94592cd91d5a9a851cfeb53c45f50c9f4dfba374da42cdcd59b83f12ed5de.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 133 Criminal History of Licensees and Employees
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Commerce Committee Wright Hamon

SUMMARY ANALYSIS
The Department of Business and Professional Regulation (DBPR) regulates and licenses several Florida
professions, including barbers and cosmetologists. In 2019, the Legislature created a time-limited review
process for considering the criminal history of applicants for licensure as a barber or cosmetologist. Under s.
455.213(3)(b)1., F.S., the Barbers’ Board and Board of Cosmetology may only deny an application for
licensure on the basis of an applicant’s criminal history for:
 A conviction for a crime that occurred within five years of the date of the receipt of an application for
licensure, or
 A criminal history record that includes a forcible felony or crime that would require a person, upon
conviction, to register as a sexual predator, if such crime relates to the practice of the applicable
profession.

Related to barber and cosmetology licenses, the bill reduces the time frame to look back at and use a criminal
conviction as grounds to deny an application for licensure as a barber or cosmetologist from five years to three
years.

The bill allows a board to consider an applicant’s criminal history, regardless of when a conviction occurred if
the applicant was convicted of a crime at any time during the three-year period immediately preceding the
application. Boards may also continue to consider forcible felonies and crimes that require a person to register
as a sexual predator regardless of when they occurred if they relate to the practice of the profession as a
barber or cosmetologist.

The bill requires the Barbers’ Board and Board of Cosmetology to approve educational program credits
received from vocational training programs or industry certification programs offered to inmates in any
correctional institution or facility to satisfy training requirements for licensure as a barber or cosmetologist.

DBPR also administers and enforces the Beverage Law, which requires licenses for businesses in the alcohol
industry and payment of various associated fees and taxes. A provision in the Beverage Law, s. 562.13(3),
F.S., prohibits a licensed alcohol vendor from employing a manager or bartender who has been convicted of
certain crimes within the prior five years.

Related to professions under the Beverage Law, the bill repeals s. 562.13(3), F.S., to allow any licensed
alcohol vendor to employ any manager or bartender with certain criminal history.

The bill does not have a fiscal impact on state or local governments.

The bill has an effective date of July 1, 2024.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0133.COM
DATE: 1/19/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Department of Business and Professional Regulation

The Department of Business and Professional Regulation (DBPR) has 12 divisions that regulate
several Florida professions and businesses.1

Chapter 455, F.S., applies to the regulation of professions constituting “any activity, occupation,
profession, or vocation regulated by DBPR in the Divisions of Certified Public Accounting, Professions,
Real Estate, and Regulation.”2 Chapter 455, F.S., provides general DBPR powers and sets forth the
procedural and administrative framework for all professional DBPR boards.3

Barbers
The Barbers’ Board under DBPR governs the regulation and licensing of barbers and barbershops in
the state. A barber license is required to perform barbering services. 4 Barbering services include hair
services and limited skin care services when done for compensation, but not for medical purposes.5

To be eligible for a barber license, an applicant must: 6
 Be at least 16 years old,
 Complete the required training,
 Pass the written examination,
 Not have a disqualifying criminal record, and
 Pay an application fee.

Cosmetologists
The Board of Cosmetology under DBPR governs the licensing and regulation of cosmetologists, nail
specialists, facial specialists, full specialists, and related salons in the state. A cosmetology license or a
specialty registration is required to perform cosmetology services. Cosmetology services include hair
services, nail services, and skin care services when done for compensation, but not for medical
purposes.7

To be eligible for a cosmetology or specialty license, an applicant must:8
 Be at least 16 years old or have a high school diploma,
 Complete the required training,
 Pass the licensure examination (if applicable),
 Not have a disqualifying criminal record, and
 Pay an application fee.

Criminal History – Barbers and Cosmetologists

1
The divisions include: Administration; Alcoholic Beverages and Tobacco; Certified Public Accounting; Drugs, Devices, and Cosmetics; Florida
Condominiums, Timeshares, and M obile Homes; Hotels and Restaurants; Pari-mutuel Wagering; Professions; Real Estate; Regulation; Service
Operations; and Technology. S. 20.165, F.S.
2
S. 455.01(6), F.S.
3
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. Ss. 455.203 and 455.221(1), F.S.
4
S. 476.144(1), F.S.
5
S. 476.034(2), F.S.
6
S. 476.114, F.S.
7
S. 477.013(4), F.S.
8
S. 477.019(2), F.S.
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DATE: 1/19/2024
In 2019, the Legislature created a time-limited review process for considering the criminal history of
applicants for specified professions, including barbers and cosmetologists. 9 Section 455.213(3)(b)1.,
F.S., provides the Barbers’ Board and Board of Cosmetology may only deny an application for licensure
on the basis of an applicant’s criminal history for:
 A conviction10 for a crime that occurred within five years of the date of the receipt of an
application for licensure, or
 A criminal history record that includes a forcible felony or a crime that would require a person,
upon conviction, to register as a sexual predator, if such crime relates to the practice of the
applicable profession.

Sexual Predators

A person is a sexual predator in Florida if he or she:
 Was convicted of a qualifying offense committed on or after October 1, 1993; and
 Has not received a pardon or otherwise had the conviction set aside for the qualifying offense.

Qualifying convictions for sexual predator designation include:
 Capital, life, or first degree felony kidnapping or false imprisonment, when the victim is a minor
and there is a sexual component to the crime;11
 Capital, life, or first degree felony sexual battery;12
 Capital, life, or first degree felony lewd or lascivious battery or molestation; 13
 Capital, life, or first degree felony selling or buying minors to engage in sexually explicit
conduct;14
 An offense that would require registration as a sexual offender, other than transmission of child
pornography by electronic device or transmission of material harmful to minors, by a person with
a prior conviction for a sexual offense;15 or
 A conviction for a similar offense committed in another jurisdiction. 16

The court must make written findings designating a person who meets the criteria as a sexual
predator.17

Forcible Felonies

Section 776.08, F.S., defines a forcible felony as any of the following crimes:
 Treason;
 Murder;
 Manslaughter;
 Sexual battery;
 Carjacking;
 Home-invasion robbery;
 Robbery;
 Burglary;
 Arson;
 Kidnapping;
 Aggravated assault;
 Aggravated battery;
 Aggravated stalking;

9
Ch. 2019-167, Laws of Fla.
10
For purpose of licensing, the term “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication
is withheld. S. 455.213(3)(b)1., F.S.
11
Ss. 787.01 and 787.02, F.S.; Raines v. State, 805 So.2d 999 (Fla. 4th DCA 2001).
12
S. 794.011, F.S.
13
S. 800.04, F.S.
14
S. 847.0145, F.S.
15
S. 775.21(4)(a)1.b., F.S.
16
S. 775.21(4), F.S.
17
Ss. 775.21(4)(c) and 775.21(5), F.S.
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 Aircraft piracy;
 Unlawful throwing, placing, or discharging of a destructive device or bomb; and
 Any other felony that involves the use or threat of physical force or violence against any
individual.

Vocational Training in Correctional Facilities

The Florida Department of Corrections Bureau of Education partners with state colleges, technical
colleges, and community education organizations to provide vocational training in 37 trades to
incarcerated inmates.18 Included in these vocational programs are barbering programs at Blackwater
River Correctional Facility,19 Graceville Correctional Facility,20 and Lake City Correctional Facility,21 as
well as cosmetology programs at Lowell Correctional Institution, 22 Homestead Correctional Institution,23
and Gadsden Correctional Facility.24

Beverage Law

The Division of Alcoholic Beverages and Tobacco (ABT) in DBPR administers and enforces the
Beverage Law.25

In general, the Beverage Law 26 provides for a structured three-tiered distribution system consisting of
the manufacturer, distributor, and vendor.27 The manufacturer creates the beverages. The distributor
obtains the beverages from the manufacturer and delivers them to the vendor. The vendor makes the
ultimate sale to the consumer.28

Florida has adopted the three-tier system. Exceptions to the three-tier regulatory system permit in-state
wineries,29 breweries,30 and craft distilleries to be licensed as a vendor and sell directly to consumers
under certain circumstances.31

Currently, it is unlawful for any licensed vendor to employ a manager or a bartender who has, within the
prior five years, been convicted:32
 Of any offense against the beverage laws of Florida, the United States, or any other state.
 In this state or any other state or the United States of soliciting for prostitution, pandering, letting
premises for prostitution, keeping a disorderly place, or any felony violation of the Florida
Comprehensive Drug Abuse Prevention and Control Act,33 or the controlled substances act of
any other state or the United States.
 Of any felony in this state, any other state, or the United States.

The term “conviction” is defined to “include an adjudication of guilt on a plea of guilty or nolo contendere
or forfeiture of a bond when such person is charged with a crime.”34

18
Florida Department of Corrections, Bureau of Education, http://www.dc.state.fl.us/development/programs.html (last visited Nov. 1, 2023).
19
Florida Department of Corrections, Blackwater River Correctional Facility, http://www.dc.state.fl.us/ci/185.html (last visited Nov. 1, 2023).
20
Florida Department of Corrections, Graceville Correctional Facility, http://www.dc.state.fl.us/ci/159.html (last visited Nov. 1, 2023).
21
Florida Department of Corrections, Lake City Correctional Facility, http://www.dc.state.fl.us/ci/219.html (last visited Nov. 1, 2023).
22
Florida Department of Corrections, Lowell Correctional Institution, http://www.dc.state.fl.us/ci/314.html (last visited Nov. 1, 2023).
23
Florida Department of Corrections, Homestead Correctional Institution, http://www.dc.state.fl.us/ci/419.html (last visited Nov. 1, 2023).
24
Florida Department of Corrections, Gadsden Correctional Facility, http://www.dc.state.fl.us/ci/111.html (last visited Nov. 1, 2023).
25
S. 561.02, F.S.
26
S. 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
27
See s. 561.14, F.S.
28
S. 561.14(3), F.S.
29
See s. 561.221(1), F.S.
30
See s. 561.221(2), F.S.
31
See s. 565.03, F.S.
32
S. 562.13(3)(a), F.S.
33
Ch. 893, F.S.
34
S. 562.13(3)(a), F.S.
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These restrictions do not apply to the following vendors who operate places of business where
beverages are sold for consumption off the premises:35
 Vendors of malt beverages.36
 Vendors of beverages containing malt, wines, and fortified wines.37

Effect of Proposed Changes

Criminal History – Barbers and Cosmetologists

The bill amends s. 455.213, F.S., to reduce the time frame, from five years to three years, that an
applicable board may look back at and use a criminal conviction as grounds to deny an application for
licensure as a barber or cosmetologist.38

The bill provides the applicable board may consider an applicant’s criminal history, regardless of when
a conviction occurred if, at any time during the three-year period immediately preceding the application,
the applicant was convicted of a crime. Boards may also continue to consider forcible felonies and
crimes that require a person to register as a sexual predator regardless of when they occurred if they
relate to the practice of the profession as a barber or cosmetologist.

Vocational Training in Correctional Facilities

Beverage Law

The bill repeals s. 562.13(3), F.S., of the Beverage Law, to allow any licensed alcohol vendor to employ
any manager or bartender with certain criminal history.

The bill provides an effective date of July 1, 2024.

B. SECTION DIRECTORY:
Section 1: Amends s. 455.213, F.S., relating to general licensing provisions.
Section 2: Repeals s. 562.13(3), F.S., relating to employment of bartenders by certain vendors
prohibited; exceptions.
Section 3: Provides an effective date of July 1, 2024.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

35
S. 562.13(3)(b), F.S.
36
S. 563.02(1)(a), F.S.
37
S. 564.02(1)(a), F.S.
38
For purposes of calculating the recidivism rate for inmates released from custody, the Florida Department of Corrections uses the definition of
“recidivism” in s. 945.041(2), F.S., which means an inmate’s rearrest, reconviction, reincarceration, or probat ion revocation within a three-year time
period following the inmate’s release from incarceration.
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DATE: 1/19/2024
1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may allow more people to become licensed as barbers or cosmetologists, or employed as
managers or bartenders, by reducing disqualifications to licensure or employment.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
Not applicable.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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DATE: 1/19/2024

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House Staff Analysis: PCS for HB 133 Criminal History of Licensees and Employees (Commerce Committee)

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