Applicants with Criminal Histories
Permanent Bar:
Persons who have committed certain felonies are permanently barred from licensure. Other felonies and certain misdemeanors require the applicant to wait for a disqualifying period to lapse prior to applying for licensure. The department may not issue a license to an applicant unless all related fines, court costs and fees, and court-ordered restitution have been paid. Upon a grant of a pardon or the restoration of civil rights pursuant to chapter 940 and s. 8, Art. IV of the State Constitution with respect to a finding of guilt or a plea, such finding or plea no longer bars or disqualifies the applicant from licensure unless the clemency specifically excludes licensure in the financial services business; however, a pardon or restoration of civil rights does not require the department to award such license.
An applicant who has committed a felony of the first degree, a capital felony, a felony involving money laundering, a felony of embezzlement, or a felony directly related to the financial services business is permanently barred from a licensure. This bar applies to convictions, guilty pleas, or nolo contendere pleas, regardless of adjudication, by any applicant.
Disqualifying Periods
The following disqualifying periods must be met prior to application and the disqualifying periods begin upon the applicant’s final release from supervision or upon completion of the applicant’s criminal sentence:
A 15-year disqualifying period exists for all felonies involving moral turpitude which are not specifically included in the permanent bar above.
A 7-year disqualifying period exists for all felonies to which neither the permanent bar nor the 15-year disqualifying period applies.
A 7-year disqualifying period exists for all misdemeanors directly related to the financial services business.
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Moral Turpitude Felony Crimes - 15 Year Disqualification
Non-Moral Turpitude Felony Crimes - 7 Year Disqualification
The lists above are only intended to provide guidance and may not include all felony crimes. Under certain circ*mstances, the classification of a crime may change. Aggravating and mitigating factors can affect the true length of the disqualifying period. However, mitigation may not result in a disqualifying period less than 7 years. The disqualifying periods begin upon the applicant’s final release from supervision or upon completion of the applicant’s criminal sentence, including payment of fines, restitution, and court costs for the crime for which the disqualifying period applies.
After the disqualifying period has been met, the burden is on the applicant to demonstrate that the applicant has been rehabilitated, does not pose a risk to the insurance-buying public, is fit and trustworthy to engage in the business of insurance pursuant to s.626.611, F.S., and is otherwise qualified for licensure.
Please note:Aggravating and mitigating factors can affect the true length of the disqualifying period. However, mitigation may not result in a disqualifying period less than 7 years. The disqualifying periods begin upon the applicant’s final release from supervision or upon completion of the applicant’s criminal sentence, including payment of fines, restitution, and court costs for the crime for which the disqualifying period applies. After the disqualifying period has been met, the burden is on the applicant to demonstrate that the applicant has been rehabilitated, does not pose a risk to the insurance-buying public, is fit and trustworthy to engage in the business of insurance pursuant to s.626.611, F.S., and is otherwise qualified for licensure.
Meeting the conditions above does not automatically guarantee the applicant will be granted licensure.
NOTE: The Department doesnotaccept faxed court documents.
For more information, please visit the links below.
