PCS for HB 751 (2024) — Use of Criminal History in Licensing, Florida House of Representatives
- Issuer
- 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
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 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
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 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 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
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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
File and source
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- 2024_3236_regulatory-reform-economic-development-subcommittee_proposed-committee-bills-pcbs_fn-pcs-for-hb-751.pdf
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- 113,087 bytes
- SHA-256
- cd561c332ef3b40efc11c86351b10a398f80e43b85778845219e231fe72f2c89
- Original
- www.flhouse.gov