Florida

Florida

Final grade: D+

Exclusion Grade

C-

Relevance Grade

C

Due Process Grade

D-

Strengths

  • Generally, boards can only use directly related crimes to disqualify applicants.

Areas of Improvement

  • Require evidence of rehabilitation when considering applicants.
  • Ban agencies from using vague standards like “good moral character.”
  • Extend petition process to all occupational licenses, not just a select few.

Overall, Florida receives a D+ for its middling protections. In 2019, the Sunshine State eased restrictions for those hoping to become licensed barbers, cosmetologists, and various construction contractors. The 2019 reform blocked boards from considering convictions older than five years and created a new petition process so that ex-offenders can learn if their criminal record is disqualifying before they begin any training. However, that reform merely requires that crimes be “related” to the license as opposed to being “directly related”—a drastically weaker standard.

Statute: Fla. Stat. § 112.011 (2013), § 455.213(3)(a) (2019)

Exclusion
Overarching ban on blanket bans Yes
Ban on considering arrest records No
Ban on considering post-conviction relief records No
Time limit No limit
Ban on vague, discretionary character standards No
Relevance
Relationship between the crime and the license sought “If the crime was a felony or first-degree misdemeanor that is directly related to the standards determined by the regulatory authority to be necessary and reasonably related to the protection of the public health, safety, and welfare”
Required factors for consideration
Rehabilitation No
Time elapsed since crime was committed No
Age when crime was committed No
Employment History No
Testimonials No
Due Process
Petition Process No
Burden of Proof Both unspecified
Right to appeal Yes
Written notice requirement No