Bill Amendment: FL S1302 | 2022 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Criminal History Records

Status: 2022-03-14 - Died on Calendar [S1302 Detail]

Download: Florida-2022-S1302-Senate_Committee_Amendment_568010.html

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       Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1302
       
       
       
       
       
       
                                Ì568010jÎ568010                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Regulated Industries (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 46 - 162
    4  and insert:
    5         (3)(a) Notwithstanding any other law, the applicable board,
    6  or the department if there is no board, shall use the process in
    7  this subsection for review of an applicant’s criminal record to
    8  determine his or her eligibility for licensure. as:
    9         (b) The applicable board, or the department if there is no
   10  board, may not inquire into or consider the conviction history
   11  of an applicant for licensure until the applicant is determined
   12  to be otherwise qualified for licensure.
   13         1. A barber under chapter 476;
   14         2. A cosmetologist or cosmetology specialist under chapter
   15  477;
   16         3. Any of the following construction professions under
   17  chapter 489:
   18         a. Air-conditioning contractor;
   19         b. Electrical contractor;
   20         c. Mechanical contractor;
   21         d. Plumbing contractor;
   22         e. Pollutant storage systems contractor;
   23         f. Roofing contractor;
   24         g. Sheet metal contractor;
   25         h. Solar contractor;
   26         i. Swimming pool and spa contractor;
   27         j. Underground utility and excavation contractor; or
   28         k. Other specialty contractors; or
   29         4. Any other profession for which the department issues a
   30  license, provided the profession is offered to inmates in any
   31  correctional institution or correctional facility as vocational
   32  training or through an industry certification program.
   33         (c)1.(b)1. A conviction, or any other adjudication, for a
   34  crime more than 5 years before the date the application is
   35  received by the applicable board, or the department if there is
   36  no board, may not be grounds for denial of a license specified
   37  in paragraph (a). For purposes of this subsection paragraph, the
   38  term “conviction” means a determination of guilt that is the
   39  result of a plea or trial, regardless of whether adjudication is
   40  withheld. This subparagraph paragraph does not limit the
   41  applicable board, or the department if there is no board, from
   42  considering an applicant’s criminal history that includes a
   43  crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
   44  only if such criminal history has been found to directly relate
   45  to the practice of the applicable profession.
   46         2. Notwithstanding subparagraph 1., the following criminal
   47  history may not be used, distributed, or disseminated by the
   48  department or a board or its agents in connection with an
   49  application for licensure:
   50         a. An arrest without a valid conviction.
   51         b. Convictions that have been sealed, dismissed, or
   52  expunged.
   53         c. Misdemeanor convictions without incarceration.
   54         d. Noncriminal infractions.
   55         (g) The applicable board, or the department if there is no
   56  board, may not deny an application for a license solely or in
   57  part on the basis of an applicant’s criminal history unless the
   58  criminal history directly relates to the practice of the
   59  applicable profession for which the license is sought or held.
   60         1. In determining if a criminal history directly relates to
   61  the practice of the applicable profession for which the license
   62  is sought or held, the applicable board, or the department if
   63  there is no board, shall consider:
   64         a. The nature and seriousness of the conviction.
   65         b. Whether the conviction directly relates to the practice
   66  of the applicable profession for which the license is sought or
   67  held.
   68         c. Whether the duties and responsibilities of the
   69  profession provide the opportunity for the same or a similar
   70  offense to occur.
   71         d. Whether circumstances leading to the offense for which
   72  the person was convicted will recur in the profession.
   73         e. The age of the person at the time the felony was
   74  committed.
   75         f. The length of time since the conviction.
   76         g. All circumstances relative to the felony, including
   77  mitigating circumstances or social conditions surrounding the
   78  commission of the felony.
   79         h. Evidence of mitigation or rehabilitation and the
   80  applicant’s current ability to practice the profession
   81  competently in accordance with the actual practice of the
   82  profession.
   83         2. If the applicable board, or the department if there is
   84  no board, intends to deny an application for a license solely or
   85  in part on the basis of the applicant’s criminal history, it
   86  must notify the applicant in writing of its intent before making
   87  a final decision. Such notice must do all of the following:
   88         a. Identify the reasons for the potential denial.
   89         b. Provide a copy of any criminal history record.
   90         c. Provide examples of evidence of mitigation or
   91  rehabilitation and the current ability to practice the
   92  profession competently in accordance with the actual practice of
   93  the profession, which the applicant may voluntarily provide.
   94         (I) An applicant who has been convicted of an offense that
   95  directly relates to the practice of the applicable profession
   96  for which a license is sought may not be denied the license if
   97  he or she can show evidence of mitigation or rehabilitation and
   98  the current ability to practice the profession competently in
   99  accordance with the actual practice of the profession.
  100         (II) The applicant shall have 10 business days after
  101  issuance of the notice to respond with any information,
  102  including challenging the accuracy of the information and
  103  submitting evidence of mitigation or rehabilitation and his or
  104  her current ability to practice the profession competently in
  105  accordance with the actual practice of the profession.
  106         (III) Evidence of mitigation or rehabilitation and the
  107  applicant’s current ability to practice the profession
  108  competently in accordance with the actual practice of the
  109  profession may be established by:
  110         (A) Proof of compliance with the terms and conditions of
  111  probation or parole; or
  112         (B) Other evidence, including, but not limited to, letters
  113  of reference or program or education certificates.
  114         (IV) If an applicable board, or the department if there is
  115  no board, denies an application for a license solely or in part
  116  on the basis of the applicant’s criminal history, it must notify
  117  the applicant in writing of all of the following:
  118         (A) Final denial.
  119         (B) Appeal process.
  120         2. The applicable board may consider the criminal history
  121  of an applicant for licensure under subparagraph (a)3. if such
  122  criminal history has been found to relate to good moral
  123  character.
  124  
  125  ================= T I T L E  A M E N D M E N T ================
  126  And the title is amended as follows:
  127         Delete lines 4 - 28
  128  and insert:
  129         board, or the Department of Business and Professional
  130         Regulation if there is no such board, from inquiring
  131         into or considering the conviction history of an
  132         applicant for licensure until it is determined that
  133         the applicant is otherwise qualified; revising
  134         professions for licensure eligibility; removing a
  135         provision relating to licensure of other professions
  136         offered to certain inmates under certain
  137         circumstances; prohibiting the use of a conviction, or
  138         other adjudication, for a crime before the date an
  139         application is received as being grounds for denial of
  140         a license; authorizing an applicable board, or the
  141         department if there is no board, to consider an
  142         applicant’s criminal history only if such criminal
  143         history directly relates to the practice of the
  144         applicable profession; prohibiting the use,
  145         distribution, and dissemination of specified criminal
  146         records; removing a provision authorizing an
  147         applicable board to consider an applicant’s criminal
  148         history if the history has been found to relate to
  149         good moral character; prohibiting the applicable
  150         board, or the department if there is no board, from
  151         denying an application for licensure of a person based
  152         solely or in part on an applicant’s criminal history;
  153         providing an exception; providing requirements for
  154         determining if such criminal history directly relates
  155         to the practice of the applicable profession;
  156         providing requirements if the applicable board, or the
  157         department if there is no board, intends