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PCS for HB 751 (2024) — Use of Criminal History in Licensing, Florida House of Representatives

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Congressional materials
Document type
2024 3236 Regulatory Reform Economic Development Subcommittee Proposed Committee Bills Pcb
Case
2024 3236 Regulatory Reform Economic Development Subcommittee Proposed Committee Bills Pcbs Fn Pcs For Hb 751

Summary

A proposed committee substitute (PCS) for HB 751, a 2024 Florida House of Representatives bill relating to use of criminal history in licensing. Section 1 amends s. 112.0111, F.S., revising legislative intent on employment of ex-offenders and state agency reporting requirements, including counts of license, permit or certification applications from applicants with a prior conviction and how many were denied or granted. Section 2 adds a new subsection (15) to s. 455.213, F.S., allowing a board or the department to find that a license applicant has been rehabilitated, based on listed factors such as the time elapsed since the offense and completion of the sentence. Section 3 sets an effective date of July 1, 2024.

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Cite this document

“PCS for HB 751 (2024) — Use of Criminal History in Licensing, Florida House of Representatives.” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3236-regulatory-reform-economic-development-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-751/, SHA-256 cd561c332ef3b40efc11c86351b10a398f80e43b85778845219e231fe72f2c89.

Full text

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           PCS for HB 751                                                                                       2024




    1                                           A bill to be entitled
    2              An act relating to use of criminal history in
    3              licensing; amending s. 112.0111, F.S.; revising
    4              legislative intent; revising state agency reporting
    5              requirements; amending s. 455.213, F.S.; allowing
    6              certain rehabilitation consideration during licensing
    7              decisions; providing an effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                 Section 1.           Section 112.0111, Florida Statutes, is amended
12         to read:
13                 112.0111            Restrictions on the employment of ex-offenders;
14         legislative intent; state agency reporting requirements. —
15                 (1)          The Legislature declares that a goal of this state is
16         to clearly identify the occupations from which ex-offenders are
17         disqualified based on the nature of their offenses. The
18         Legislature seeks to make employment opportunities available to
19         ex-offenders in a manner that preserves and protects serves to
20         preserve and protect the health, safety, and welfare of the
21         general public, yet encourages ex-offenders them to become
22         productive members of society. To this end, state agencies that
23         exercise regulatory authority are in the best position to
24         identify all restrictions on employment imposed by the agencies
25         or by boards that regulate professions and occupations and are

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                                                                                                        PCS for HB 751
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        PCS for HB 751                                                                                       2024




26      obligated to protect the health, safety, and welfare of the
27      general public by clearly setting forth those restrictions in
28      keeping with statutory standards and protections determined by
29      the agencies to be in the least restrictive manner.
30              (2)          Each state agency, including, but not limited to,
31      those state agencies responsible for issuing licenses, permits,
32      or certifications to pursue, practice, or engage in an
33      occupation, trade, vocation, profession, or business must,
34      annually, professional and occupational regulatory boards, shall
35      ensure the appropriate restrictions necessary to protect the
36      overall health, safety, and welfare of the general public are in
37      place, and by starting March 1, 2025, December 31, 2011, and
38      every 4 years thereafter, submit to the Governor, the President
39      of the Senate, and the Speaker of the House of Representatives
40      post and maintain publicly, on its website, a report that
41      includes all of the following:
42              (a)          The total number of applications received by the state
43      agency in the previous calendar year for a license, permit, or
44      certification where the applicant had a prior conviction, or any
45      other adjudication, for a crime. For purposes of this
46      subsection, the term “conviction” means a determination of guilt
47      that is the result of a plea or trial, regardless of whether
48      adjudication is withheld A list of all agency or board statutes
49      or rules that disqualify from employment or licensure persons
50      who have been convicted of a crime and have completed any

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                                                                                                     PCS for HB 751
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        PCS for HB 751                                                                                       2024




51      incarceration and restitution to which they have been sentenced
52      for such crime.
53              (b)          Out of the number of applications in paragraph (a),
54      the number of times it denied, withheld, or refused to grant an
55      application because of the applicant's prior conviction , or any
56      other adjudication, of a crime. The report must also specify the
57      crimes for which each decision to deny, withhold, or refuse to
58      grant an application for a license, permit, or certification was
59      based A determination of whether the disqualifying statutes or
60      rules are readily available to prospective employers and
61      licensees.
62              (c)          Out of the number of applications in paragraph (a),
63      the number of times the state agency granted an application
64      where the applicant had a prior conviction, or any other
65      adjudication, of a crime. The report must also specify the
66      crimes in such applications that were not used as a basis for
67      denial The identification and evaluation of alternatives to the
68      disqualifying statutes or rules which protect the health,
69      safety, and welfare of the general public without impeding the
70      gainful employment of ex-offenders.
71              (d)          Information provided by the agency in accordance with
72      paragraphs (a) through (c) must be broken down by the specific
73      type of application submitted and the types of licenses,
74      permits, or certifications sought, including whether such
75      applicant was a Florida resident or an out-of-state resident.

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                                                                                                     PCS for HB 751
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         PCS for HB 751                                                                                       2024




 76              (e)          Any other information or data the state agency deems
 77      relevant in fulfilling its purpose under this section.
 78              Section 2.          Present subsection (15) is redesignated as
 79      subsection (16), and new subsection (15) is added, to section
 80      455.213, Florida Statutes, to read:
 81              455.213         General licensing provisions.—
 82              (15)         Each applicable board, or the department when there
 83      is no board, may make a finding that an applicant for a license
 84      has been rehabilitated for a conviction, or any other
 85      adjudication, for a crime. Based on such finding, the board, or
 86      the department when there is no board, may grant a license
 87      regardless of an applicant’s prior convicition, or any other
 88      adjudication, for a crime. The finding must be made based on the
 89      following factors:
 90              (a)          The age of the person when he or she committed the
 91      offense.
 92              (b)          The amount of time that has elapsed since the person
 93      committed the offense.
 94              (c)          The circumstances surrounding and the nature of the
 95      offense.
 96              (d)          If the person completed his or her criminal sentence
 97      and, if so, the amount of time that has passed since suc h
 98      completion.
 99              (e)          If the person received a certificate of rehabilitation
100      or good conduct.

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                                                                                                      PCS for HB 751
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         PCS for HB 751                                                                                       2024




101              (f)          If the person completed or is an active participant in
102      a rehabilitative drug or alcohol program.
103              (g)          Any testimonials or recommendations, including
104      progress reports from the person's probation or parole officer.
105              (h)          Any education and training the person has received.
106              (i)          The person's past employment history and his or her
107      employment aspirations.
108              (j)          The person's family responsibilities.
109              (k)          If the occupation, trade, vocation, profession, or
110      business for which the person seeks employment requires him or
111      her to be bonded.
112              (l)          Any other evidence of rehabilitation or information
113      that the person submits to the board or department.
114
115      For purposes of this subsection, the term “conviction” means a
116      determination of guilt that is the result of a plea or trial,
117      regardless of whether adjudication is withheld.
118              (16) For the 2023-2024 and 2024-2025 fiscal years, the
119      department shall waive 50 percent of the initial licensing fee
120      for an applicant applying for an initial license for a
121      profession under this chapter, with such waiver limited to a
122      maximum of $200 per year per license. The department shall waive
123      50 percent of a licensee's license renewal fee for a profess ion
124      under this chapter, with such waiver limited to a maximum of
125      $200 per year per license. Such fee waivers shall not include

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         PCS for HB 751                                                                                       2024




126      any applicable unlicensed activity or background check fees.
127      This subsection expires July 1, 2025.
128              Section 3.         This act shall take effect July 1, 2024.




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                                                                                                      PCS for HB 751


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