Applicants with Criminal Histories
Permanent Bar:
Persons who have committed certain felonies are permanently barred from applying for licensure. Other felonies and certain misdemeanors require the applicant to wait for a disqualifying period to lapse prior to applying for licensure. The permanent bar and the disqualifying periods apply regardless of whether adjudication was withheld or an applicant's civil rights have been restored.
- An applicant who has committed a felony of the first degree, a capital felony, a felony involving money laundering, fraud, or embezzlement, or a felony directly related to the financial services business is permanently barred from applying for a license. This bar applies to convictions, guilty pleas, or nolo contendere pleas, regardless of adjudication, by any applicant, officer, director, majority owner, partner, manager, or other person who manages or controls 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 that 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.
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(7), F.S., and is otherwise qualified for licensure.
Meeting the conditions above does not automatically guarantee the applicant will be granted licensure.
For more information, please see the links below:
- Chapter 2011-174, Laws of Florida
- Section 626.207, Florida Statutes
- Section 626.611(14), Florida Statutes
- Section 626.621(8), Florida Statutes
Individuals Seeking Consent Under 18 U.S.C. § 1033
The Florida Department of Financial Services does not issue consents under 18 U.S.C. § 1033.
Under 18 U.S.C. § 1033, an individual who has been convicted of a crime involving dishonesty or breach of trust is prohibited from engaging in the insurance business. Violation of this federal law could result in imprisonment for up to five years and a fine of $5,000. However, the law allows for a prohibited individual to obtain consent from an insurance regulatory official to engage in the insurance business.
While this federal law offers a way for individuals to obtain consent from state insurance regulators and avoid criminal prosecution, the law does not authorize the Florida Department of Financial Services ("Department") to grant or deny the consents. The Department’s power is limited to that authorized by the Florida Legislature through the Florida Statutes. Therefore, at the present time, there is no law in the state of Florida authorizing this Department to grant or deny consents under 18 U.S.C. § 1033 or to establish procedures for the exercise of its discretion in this regard.
Please be aware that any license you now have or may receive from this Department does not constitute consent under the federal law. You should therefore govern yourself accordingly.
