Insurance Field representatives can be denied licensure by the Florida Division of Insurance if an Applicant has been found guilty of, or has pleaded guilty or nolo contendere to, any of the following crimes (listed below under Permanent Bar Felony Crimes), regardless of adjudication, is permanently barred from licensure if you’ve committed:
Permanent Bar Felony Crimes:
• ANY CAPITAL FELONY
• ANY FELONY DIRECTLY RELATED TO FINANCIAL SERVICES BUSINESS
• ANY FIRST DEGREE FELONY
• COUNTERFEITING – (FINANCIAL SERVICES INSTRUMENTS)
• FALSE STATEMENT (FINANCIAL SERVICES TRANSACTIONS)
• MONEY LAUNDERING
• SALE OF UNREGISTERED SECURITES
An applicant who has been found guilty of, or has pleaded guilty or nolo contendere to, a crime not included above regardless of adjudication, is subject to:
A 15-year disqualifying period for all felonies involving moral turpitude which are not specifically included in the permanent bar contained in the subsection.
Moral Turpitude Felony Crimes -15 Year Disqualification:
• ABUSE OF ELDERLY PERSON
• AGGRAVATED ASSAULT
• AGGRAVATED BATTERY
• BATTERY ON LAW ENFORCEMENT OFFICER (INVOLVING INTENTIONAL BODILY INJURY)
• BOMB THREAT, PLACING A BOMB
• BREAKING AND ENTERING
• CHILD ABUSE
• CHILD MOLESTATION
• COUTERFEITING (NON-FINANCIAL SERVICES INSTRUMENTS)
• DEALING IN STOLEN PROPERTY
• FALSE STATEMENT (NON-FINANCIAL SERVICES TRANSACTIONS)
• FORGERY / UTTERING A FORGERY
• FRAUD (NOT RELATED TO FINANCIAL SERVICES BUSINESS)
• GRAND LARCENY
• GRAND THEFT
• LEAVING THE SCENE OF AN ACCIDENT WITH INJURIES
• PASSING WORTHLESS BANK CHECK (MORE THAN $500)
• POSSESSION OF DRUGS WITH INTENT TO SELL/DELIVER/ETC.
• RECEIVING STOLEN PROPERTY
• RESISTING ARREST/OFFICER WITH VIOLENCE
• SEXUAL BATTERY / SODOMY
• SMUGGLE CONTRABAND-INTRODUCE INTO DETENTION FACILITY
• TAMPERING WITH EVIDENCE
• TAX EVASION
There is a 7-year disqualifying period for all felonies to which neither the permanent bar nor the 15-year disqualifying period apply. There is a 7-year disqualifying period for all misdemeanors directly related to the financial services business.
Non-Moral Turpitude Felony Crimes – 7 Year Disqualification:
• BATTERY ON LAW ENFORCEMENT OFFICER (NOT INVOLVING INTENTIONAL BODILY INJURY)
• CARRYING A CONCEALED WEAPON
• CHILD NEGLECT
• CRIMINAL MISCHIEF
• DOMESTIC VIOLENCE
• DRIVING UNDER INFLUENCE/DRIVING WHILE INTOXICATED
• DRIVING WHILE LICENSE SUSPENDED/REVOKED
• FELONY BATTERY
• PASSING WORTHLESS BANK CHECK – ($500 OR LESS)
• POSSESSION OF DRUGS
• POSSESSION OF FIREARM BY EX-FELON
• RESISTING ARREST/OFFICER WITHOUT VIOLENCE
• SALE OF FIREWORKS
• SOLICITATION OF PROSTITUTION
After the disqualifying period has expired, 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(1)(g), and is otherwise qualified for a Florida Insurance License. The rules must provide for additional disqualifying periods due to the commitment of multiple crimes and may include other factors reasonably related to the applicant’s criminal history. The rules shall provide for mitigating and aggravating factors. However, mitigation may not result in a period of disqualification of less than 7 years.
Have you Committed MULTIPLE CRIMES?
The Florida Administrative Rule 69B-211.042(4) includes specific provisions relating to the calculation of disqualifying periods for applicants with multiple crimes. Rule 69B- 211.042(4)(a) provides that when an applicant has more than one crime subject to a disqualifying period, an additional disqualifying period for each of those additional crimes shall be added to the disqualifying period: According to this rule, five years is to be added for each additional felony involving moral turpitude and two years are to be added for each additional crime not involving moral turpitude. 37. Rule 69B-211.042(4)(b) dictates how the different periods of disqualification are to be applied to applicants with multiple crimes: (b) The additional disqualifying period shall be added to the disqualifying period for the most serious crime, and the combined total disqualifying period will then run from the date of the applicant’s final release from supervision for the most recent crime that, would be subject to a disqualifying period under the sections 626.207(4) or 626.9954(3), F.S.
If you are close to being eligible for a Florida Insurance License, you can put on a case of mitigation before the department to reduce the amount of time until you’re eligible for licensure. Call Soreide Law Group at (888) 760-6552 to discuss your rights before the Florida Division of Insurance.
This post is for EDUCATIONAL PURPOSES ONLY, NOT TO BE CONSTRUED AS LEGAL ADVICE. CALL Attorney Lars Soreide at (888)-760-6552 for a free legal consultation.