5N-1.114. Directly Related Criminal Offenses  

Effective on Thursday, May 23, 2019
  • 1(1) The standards of conduct that are necessary and reasonably related to the protection of the public health, safety and welfare, that must be maintained by persons seeking a license or holding a license under chapter 493, F.S., include those set out in the definition of good moral character in section 52493.6101(7), F.S. 54These standards are honesty, fairness, respect for the rights and property of others, and respect for the laws of this state and nation.

    77(2) An offense that “directly relates to the business for which the license is held or sought” that can be grounds for disciplinary action is one that:

    104(a) Violates the standards of conduct in section 112493.6101(7), F.S., 114regardless of whether it was committed during the performance of regulated duties;

    126(b) If commited in Florida, is classified as either a first degree misdemeanor or any degree of felony;

    144(c) Is similar to ones described in subsection (3), if committed in any jurisdiction other than Florida;

    161(3) Subject to the requirements in subsections (2) and (4), the following offenses are directly related:

    177(a) Any sexually-related offense;

    181(b) Any offense that includes an element of violence or threat of violence;

    194(c) Arson, other fire-related offenses, and criminal mischief as set out in chapter 806, Florida Statutes;

    210(d) Any offense that includes an element of theft, robbery, dishonesty, fraud, or obstruction of justice;

    226(e) Offenses against minors as set out in chapter 827, Florida Statutes, except those related to support;

    243(f) Any offense against a law enforcement officer, firefighter, or emergency medical care provider;

    257(g) Resisting arrest with or without violence;

    264(h) Any felony drug offense;

    269(i) Any stalking or cyber stalking related offense;

    277(j) Culpable negligence;

    280(k) Crimes that involve the impersonation of a law enforcement officer or other official;

    294(l) Firearm-related offenses for Class G or K applicants or licensees;

    305(m) Offenses against elderly and disabled persons as set out in chapter 825, Florida Statutes; or

    321(n) Accessory, conspiracy, or attempt to commit any of the above listed offenses.

    334(4) The Department will deny the application or revoke the license of any person who has been convicted of, or had adjudication of guilt withheld, for any directly related offense for the periods of time specified below.

    371(a) A conviction for a directly related felony unless and until civil rights have been restored by the State of Florida or by the jurisdiction in which the offense occurred, and a period of 10 years has expired since final release from supervision. For Class “G” and “K” licenses, firearms rights must also be fully restored.

    427(b) Adjudication of guilt withheld for a directly related felony, unless and until a period of three years has expired since final release from supervision.

    452(c) Conviction for a directly related first-degree misdemeanor, unless and until a period of two years has expired since final release from supervision.

    475(d) Adjudication of guilt withheld for a directly related first degree misdemeanor unless and until a period of one year has expired since final release from supervision.

    502(e) Notwithstanding the requirements of paragraphs (a) through (d) of this subsection, when a person has entered a plea of nolo contendere, regardless of adjudication or jurisdiction, such plea creates a rebuttable presumption of guilt to the underlying criminal charges. The Division shall allow the licensee or applicant to present any mitigating circumstances surrounding his or her plea.

    560Rulemaking Authority 562493.6103 FS. 564Law Implemented 566493.6101(7), 567493.6105(3), 568493.6106(1)(b), 569493.6118 FS. 571History–New 5-23-19.