Current through Reg. 50, No. 187; September 24, 2024
(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
493.6101(7),
F.S. These standards are honesty, fairness, respect for the rights and property
of others, and respect for the laws of this state and nation.
(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:
(a) Violates
the standards of conduct in Section
493.6101(7),
F.S., regardless of whether it was committed during the performance of
regulated duties;
(b) If commited
in Florida, is classified as either a first degree misdemeanor or any degree of
felony;
(c) Is similar to ones
described in subsection (3), if committed in any jurisdiction other than
Florida;
(3) Subject to
the requirements in subsections (2) and (4), the following offenses are
directly related:
(a) Any sexually-related
offense;
(b) Any offense that
includes an element of violence or threat of violence;
(c) Arson, other fire-related offenses, and
criminal mischief as set out in Chapter 806, Florida Statutes;
(d) Any offense that includes an element of
theft, robbery, dishonesty, fraud, or obstruction of justice;
(e) Offenses against minors as set out in
Chapter 827, Florida Statutes, except those related to support;
(f) Any offense against a law enforcement
officer, firefighter, or emergency medical care provider;
(g) Resisting arrest with or without
violence;
(h) Any felony drug
offense;
(i) Any stalking or cyber
stalking related offense;
(j)
Culpable negligence;
(k) Crimes
that involve the impersonation of a law enforcement officer or other
official;
(l) Firearm-related
offenses for Class G or K applicants or licensees;
(m) Offenses against elderly and disabled
persons as set out in Chapter 825, Florida Statutes; or
(n) Accessory, conspiracy, or attempt to
commit any of the above listed offenses.
(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.
(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.
(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.
(c) Conviction for a directly related
first-degree misdemeanor, unless and until a period of two years has expired
since final release from supervision.
(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.
(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.
Rulemaking Authority 493.6103 FS. Law Implemented
493.6101(7), 493.6105(3), 493.6106(1)(b), 493.6118
FS.
New 5-23-19.
