Current through Reg. 50, No. 187; September 24, 2024
(1)
This rule implements section
497.141(5)(a),
F.S., regarding evaluation of whether an applicant for license who has a
criminal record has demonstrated that issuance of the license applied for would
not create a danger to the public.
(2) An applicant for new or renewal license
that has a criminal record required to be disclosed under section
497.142(10),
F.S., shall not be approved unless the applicant demonstrates that issuance of
the license will not create a danger to the public. Such applicant shall
complete and submit with the application a form DFS-N1-1716, "Criminal History
Form" (Oct. 2006), which is incorporated by reference in rule
69K-1.001, F.A.C. Applicant
shall also make a written presentation to the Board, in the form of a letter to
the Board, dated and signed by the applicant and attached to the application,
addressing therein the factors listed below.
(a) A detailed explanation of the facts and
circumstances of the criminal conduct.
(b) If applicant was not the sole perpetrator
of the crime, a description in detail of applicant's role on the
crime.
(c) If there are multiple
crimes on different dates, applicant's explanation of why the multiple crimes
should not be found to indicate inability or unwillingness to comply with
applicable laws.
(d) The age of the
applicant when the crime(s) was committed.
(e) Whether the crime involved physical
violence, and the nature, amount and circumstances of the violence.
(f) A detailed description of the type and
amount of personal or property harm, injury or damage suffered by any victim or
innocent bystander as a result of the crime(s).
(g) Whether all legally required restitution
has been made. If all legally required restitution has not been made, applicant
shall provide an explanation of why it has not been made.
(h) If applicant initially denied or failed
to disclose the criminal record on the application for license, an explanation
for such denial or failure to disclose.
(i) Identification and description of any
evidence that applicant is remorseful concerning the crime.
(j) Whether applicant believes they had a
drug or alcohol abuse problem in the time frame the crime was committed and if
so, identification and description of any evidence that applicant has been
successfully treated, or has otherwise overcome or is in remission concerning
such drug or alcohol abuse.
(k)
Whether the applicant has successfully completed and complied with, or is
completing or complying with, all requirements imposed by the court in the
criminal proceedings, including but not limited to probation, and
identification and description of any evidence in support of applicant's
assertion in that regard.
(l)
Whether applicant has, since the criminal court proceeding, engaged in any
activity in the nature of community service, apart from and in addition to any
criminal sentencing requirements, and if so, identification and description of
any evidence in support of applicant's assertion in that regard.
(m) Any other argument by applicant as to why
applicant would not be a danger to the public if the licensed applied for is
granted, and identification and description of any evidence in support of such
argument and not previously identified and described in applicant's
presentation to the Board.
(3) Letters of References. An applicant
subject to this rule should submit with their application any letters of
reference they can obtain in support of their assertion that if licensed they
would not be a danger to the public. Letters of reference may be from current
or past employers, clergy, business associates, persons the applicant does or
has done business with, law enforcement personnel, or any other persons.
Letters of reference shall be given weight by the Board in accordance with the
following factors:
(a) Letters of reference
that are not signed shall be given no weight.
(b) A letter of reference that is not dated,
or does not provide the writer's full mailing address and phone number, will be
given reduced weight.
(c) A letter
of reference that does not indicate how well, how long, and in what capacity
the writer has known the applicant, will be given reduced weight.
(d) A letter of reference that indicates that
the writer is aware of applicant's criminal conduct shall be given
substantially more weight than a letter of reference that does not so
indicate.
Rulemaking Authority
497.103(5),
497.141(5)(a)
FS. Law Implemented 497.141
FS.
New 6-25-13.
