64B19-11.009. Denial of Licensure

(1) When the Board finds that an applicant has committed any of the offenses listed in paragraphs (a)-(b) of this subsection, the Board shall deny the application permanently.

(a) Attempting to obtain a license by bribery or fraudulent misrepresentation; fraudulent misrepresentation being an interpretation of fact.

(b) Having been disciplined by any regulatory body in any jurisdiction for sexual misconduct or for any action involving the trespass of sexual boundaries;

(2) When the Board finds that an applicant has committed any of the offenses listed in paragraphs (a) or (b) of this subsection, the Board shall either deny the application permanently or deny the licensure for two years to allow the applicant an opportunity for rehabilitation or, if rehabilitation is demonstrated to the satisfaction of the Board, grant licensure and place the applicant on probation under reasonable terms and conditions:

(a) Having been disciplined by any regulatory body in any jurisdiction for any violation of the laws or rules governing licensure in that jurisdiction except for those violations which constitute cause for permanent denial of licensure in Florida.

(b) Having been found guilty, regardless of adjudication, of any crime in any jurisdiction.

(3) The determination of which action the Board will take in the case of an applicant under subsection (2) is controlled by the Board’s consideration of the mitigating and aggravating circumstances set forth in subsection 64B19-17.002(2), F.A.C.

(4) A plea of nolo contendere creates a rebuttable presumption of guilt of the underlying criminal charges. The presumption cannot be overcome absent clear and convincing evidence of applicant’s innocence of the underlying criminal charges.

Specific Authority 490.004(4) FS. Law Implemented 490.009, 490.0111 FS. History–New 4-26-93, Formerly 21U-11.011, Amended 6-14-94, Formerly 61F13-11.011, 59AA-11.009.