Florida Senate Committee on Regulated Industries

Written Testimony: Dr. Darwyyn Deyo, PhD and Dr. Edward J. Timmons, PhD

Chair Gruters, Vice Chair Hooper, and members of the Senate Committee on Regulated Industries:

My name is Dr. Darwyyn Deyo. I am an associate professor of economics at San José State University and a senior research fellow with the Knee Regulatory Research Center at West Virginia University, in which roles I research the effects of occupational regulation. I am writing today about the costs to everyday Floridians from collateral consequences for occupational licensing.

The three main takeaways from my testimony are as follows:

• Florida is currently one of the most burdensome states for occupational licensing and collateral consequences make it even harder for people to get to work.
• Economics research has found that higher licensing barriers are associated with higher recidivism rates, so SB 42 could improve both economic freedom and public safety.
• SB 42 would reduce licensing delays and let aspiring workers work in the meantime instead of repeating training they have already received.

Occupational licensing is a government permission slip to work

We have all gone to the D.M.V. and been frustrated. Renewing your driver’s license can be stressful, and you always end up waiting there longer than you expected. Licensing requirements can make aspiring workers wait years and spend thousands of dollars before they have permission to pursue their dreams – with no guarantees of getting the license even after they complete mandatory requirements. It would be like if the D.M.V. decided – after you had spent all day waiting – to send you home empty-handed even after you passed your driving test. Like driving without a license, working without an occupational license can lead to criminal penalties. Florida is currently one of the most burdensome states for occupational licensing, according to the 2022 License to Work report from the Institute for Justice, and licenses dozens of blue-collar occupations that make it harder for people to get to work.

Collateral consequences for occupational licensing create even more government barriers to work and prosperity by making people pay twice for the same offense. Prohibitions on double jeopardy prevent people from having to continually defend themselves against the same charge, but collateral consequences mean that people keep having to pay for their offense – even if it was only an arrest that did not result in a conviction. This creates insurmountable burdens for most people simply trying to start over, especially after they have already paid a fine or were incarcerated. Working in a licensed occupation without the license could even send someone back to prison, even if they did nothing to jeopardize public safety.

SB 42 creates opportunities for Floridians residents and supports families

Florida has lagged behind the movement to reform collateral consequences for occupational licensing, although the state legislature considered more general reforms last year in SB 1124 and HB 1443. The state legislature reduced some burdens and removed two licenses in 2020 with HB  1193, with no evidence of public safety disasters following the reform. This year, SB 42 offers another step in the right direction for aspiring barbers and cosmetologists.

Florida imposes more burdensome collateral consequences for its residents than its neighbor Georgia and most other states, worsening economic freedom in Florida. It allows licensing agencies to deny people licenses to work in occupations even when their criminal offense took place a long time ago or was an isolated incident, and even allows licensing agencies to consider arrest records. This violates the most basic due process clauses in the U.S. Constitution and restricts the liberty of people trying to work in their chosen profession and support their families. If Floridians cannot find work in their home state, they could normally go find work in another state – but people on probation generally have their economic mobility restricted as well. Separating families by making parents seek work further and further away from their communities also splits up families, and economics research has found that higher licensing barriers are associated with higher recidivism rates, as people try to support themselves the only way they can. Reducing licensing barriers by reducing collateral consequences has the potential to improve the lives of Floridians and general public safety.

SB 42 improves collateral consequences for aspiring barbers and cosmetologists in two ways. First, it would limit licensing agencies’ review of criminal records to 3 years for barbers and cosmetologists, down from 5 years for other occupations in the statute. This would reduce the amount of time people would be barred from working in their chosen occupation, especially if they already received training while in prison.

In addition to reducing the amount of time people have to wait before they can become licensed barbers and cosmetologists, SB 42 would also require licensing agencies to recognize educational program credits offered to inmates in prison as vocational training or through industry certification as satisfying the training requirements for barbers and cosmetologists. Not recognizing training that the state permits in prisons is an Orwellian standard that the Florida legislature could resolve for these occupations, as well as many others. SB 42 would also allow aspiring workers to spend the waiting period working instead of repeating training they have already received.

Despite some improvements in the last few years, collateral consequences for licensing continue to raise costs and delay dreams for hard-working Floridians. Further collateral consequence reform, that has already been successfully implemented in other states, will not jeopardize public safety but can instead improve economic prosperity in Florida.

PDF Version of Testimony

Florida SB 42

Video of Committee Hearing

Darwyyn Deyo, PhD

Associate Professor of Economics, San José State University

Senior Research Fellow, Knee Regulatory Research Center

Edward J. Timmons, PhD

Service Associate Professor of Economics, West Virginia University

Director, Knee Regulatory Research Center