(1) As used in this section, the terms “felony of the first degree” and “capital felony” include all felonies so designated by the laws of this state, as well as any felony so designated in the jurisdiction in which the plea is entered or judgment is rendered.
(2) An applicant who has been found guilty of or has pleaded guilty or nolo contendere to the following crimes, regardless of adjudication, is permanently disqualified from registration under this part:
(a) A felony of the first degree;
Terms Used In Florida Statutes 626.9954
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Felony: A crime carrying a penalty of more than a year in prison.
- Financial services business: means a financial activity regulated by the Department of Financial Services, the Office of Insurance Regulation, or the Office of Financial Regulation. See Florida Statutes 626.9951
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Navigator: means an individual authorized by an exchange to serve as a navigator, or who works on behalf of an entity authorized by an exchange to serve as a navigator, pursuant to 42 U. See Florida Statutes 626.9951
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) A capital felony;
(c) A felony involving money laundering;
(d) A felony embezzlement; or
(e) A felony directly related to the financial services business.
(3) An applicant who has been found guilty of or has pleaded guilty or nolo contendere to a crime not described in subsection (2), regardless of adjudication, is subject to:
(a) A 15-year disqualifying period for all felonies involving moral turpitude which are not specifically included in subsection (2).
(b) A 7-year disqualifying period for all felonies not specifically included in subsection (2) or paragraph (a).
(c) A 7-year disqualifying period for all misdemeanors directly related to the financial services business.
(4) The department may adopt rules to administer this section. 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 must provide for mitigating and aggravating factors. However, mitigation may not result in a disqualifying period of less than 7 years and may not mitigate the disqualifying periods in paragraph (3)(b) or paragraph (3)(c).
(5) For purposes of this section, the disqualifying periods begin upon the applicant’s final release from supervision or upon completion of the applicant’s criminal sentence. The department may not issue a registration to an applicant unless all related fines, court costs and fees, and court-ordered restitution have been paid.
(6) After the disqualifying period has expired, the burden is on the applicant to demonstrate to the satisfaction of the department that he or she has been rehabilitated and does not pose a risk to the insurance-buying public and is otherwise qualified for registration.
(7) Notwithstanding subsections (2) and (3), 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 under subsection (2) or subsection (3), such finding or plea no longer bars or disqualifies the applicant from applying for registration under this part unless the clemency specifically excludes licensure or specifically excludes registration in the financial services business; however, a pardon or restoration of civil rights does not require the department to award such registration.
(8) Section 112.011 does not apply to an applicant for registration as a navigator.