PCS for HB 133 — Criminal History of Licensees and Employees (Commerce Committee, 2024)
Summary
Proposed committee substitute PCS for HB 133 (2024), a bill to be entitled An act relating to criminal history of licensees and employees. It amends section 455.213, Florida Statutes, headed General licensing provisions, to set a period after which a conviction or other adjudication for a crime may not be grounds for denying a license as a barber or cosmetologist, with an exception. It requires the applicable board to approve certain educational program credits offered to inmates for training requirements. It also repeals a provision prohibiting the employment of managers and bartenders by certain vendors and takes effect July 1, 2024.
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“PCS for HB 133 — Criminal History of Licensees and Employees (Commerce Committee, 2024).”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3220-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-1e8508e8bb/
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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
PCS for HB 133 2024
1 A bill to be entitled
2 An act relating to criminal history of licensees and
3 employees; amending s. 455.213, F.S.; providing a
4 period of time when a conviction, or any other
5 adjudication, for a crime may not be grounds for
6 denial of licensure as a barber or cosmetologist;
7 providing an exception; requiring the applicable board
8 to approve certain educational program credits offered
9 to inmates in certain institutions or facilities for
10 purposes of satisfying training requirements for
11 licensure as a barber or cosmetologist; amending s.
12 562.13; F.S.; repealing a provision prohibiting the
13 employment of managers and bartenders by certain
14 vendors; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (b) of subsection (3) of section
19 455.213, Florida Statutes, is amended, paragraph (f) is added to
20 that subsection, and paragraph (a) of that subsection is
21 republished, to read:
22 455.213 General licensing provisions.—
23 (3)(a) Notwithstanding any other law, the applicable board
24 shall use the process in this subsection for review of an
25 applicant's criminal record to determine his or her eligibility
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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
PCS for HB 133 2024
26 for licensure as:
27 1. A barber under chapter 476;
28 2. A cosmetologist or cosmetology specialist under chapter
29 477;
30 3. Any of the following construction professions under
31 chapter 489:
32 a. Air-conditioning contractor;
33 b. Electrical contractor;
34 c. Mechanical contractor;
35 d. Plumbing contractor;
36 e. Pollutant storage systems contractor;
37 f. Roofing contractor;
38 g. Sheet metal contractor;
39 h. Solar contractor;
40 i. Swimming pool and spa contractor;
41 j. Underground utility and excavation contractor; or
42 k. Other specialty contractors; or
43 4. Any other profession for which the department issues a
44 license, provided the profession is offered to inmates in any
45 correctional institution or correctional facility as vocational
46 training or through an industry certification program.
47 (b)1. A conviction, or any other adjudication, for a crime
48 more than 3 years before the date the application is received by
49 the applicable board may not be grounds for denial of a license
50 specified in subparagraph (a)1. or subparagraph (a)2. unless the
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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
PCS for HB 133 2024
51 applicant was convicted of a crime at any time during the 3-year
52 period immediately preceding the application. A conviction, or
53 any other adjudication, for a crime more than 5 years before the
54 date the application is received by the applicable board may no t
55 be grounds for denial of a license specified in subparagraph
56 (a)3. or subparagraph (a)4. paragraph (a). For purposes of this
57 paragraph, the term "conviction" means a determination of guilt
58 that is the result of a plea or trial, regardless of whether
59 adjudication is withheld. This paragraph does not limit the
60 applicable board from considering an applicant's criminal
61 history that includes a crime listed in s. 775.21(4)(a)1. or s.
62 776.08 at any time, but only if such criminal history has been
63 found to relate to the practice of the applicable profession.
64 2. The applicable board may consider the criminal history
65 of an applicant for licensure under subparagraph (a)3. if such
66 criminal history has been found to relate to good moral
67 character.
68 (f) The applicable board shall approve educational program
69 credits offered to inmates in any correctional institution or
70 correctional facility as vocational training or through an
71 industry certification program for purposes of satisfying
72 applicable training requirements for licensure in a profession
73 under subparagraph (a)1. or subparagraph (a)2.
74 Section 2. Subsection (3) of section 562.13, Florida
75 Statutes, is amended to read:
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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
PCS for HB 133 2024
76 562.13 Employment of minors or certain other persons by
77 certain vendors prohibited; exceptions.—
78 (3)(a) It is unlawful for any vendor licensed under the
79 beverage law to employ as a manager or person in charge or as a
80 bartender any person:
81 1. Who has been convicted within the last past 5 years of
82 any offense against the beverage laws of this state, the United
83 States, or any other state.
84 2. Who has been convicted within the last past 5 years in
85 this state or any other state or the United States of soliciting
86 for prostitution, pandering, letting premises for prostitution,
87 keeping a disorderly place, or any felony violation of chapter
88 893 or the controlled substances act of any other state or the
89 Federal Government.
90 3. Who has, in the last past 5 years, been convicted of
91 any felony in this state, any other state, or the United States.
92
93 The term "conviction" shall include an adjudication of guilt on
94 a plea of guilty or nolo contendere or forfeiture of a bond when
95 such person is charged with a crime.
96 (b) This subsection shall not apply to any vendor licensed
97 under the provisions of s. 563.02(1)(a) or s. 564.02(1)(a).
98 Section 3. This act shall take effect July 1, 2024.
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