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The Florida Senate

2016 Florida Statutes

Title XXXVII INSURANCE
Chapter 626 INSURANCE FIELD REPRESENTATIVES AND OPERATIONS Entire Chapter
SECTION 9954
Disqualification from registration.
F.S. 626.9954
626.9954 Disqualification from registration.—
(1) As used in this section, the terms “felony of the first degree” and “capital felony” include all felonies so designated by the laws of this state, as well as any felony so designated in the jurisdiction in which the plea is entered or judgment is rendered.
(2) An applicant who commits 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 registration under this part. This bar applies to convictions, guilty pleas, or nolo contendere pleas, regardless of adjudication, by an applicant.
(3) For all other crimes not described in subsection (2), the department may adopt rules establishing the process and application of disqualifying periods including:
(a) A 15-year disqualifying period for all felonies involving moral turpitude which are not specifically included in subsection (2).
(b) A 7-year disqualifying period for all felonies not specifically included in subsection (2) or paragraph (a).
(c) A 7-year disqualifying period for all misdemeanors directly related to the financial services business.
(4) The department may adopt rules providing additional disqualifying periods due to the commitment of multiple crimes and other factors reasonably related to the applicant’s criminal history. The rules must provide for mitigating and aggravating factors. However, mitigation may not result in a disqualifying period of less than 7 years and may not mitigate the disqualifying periods in paragraph (3)(b) or paragraph (3)(c).
(5) For purposes of this section, the disqualifying periods begin upon the applicant’s final release from supervision or upon completion of the applicant’s criminal sentence, including the payment of fines, restitution, and court costs for the crime for which the disqualifying period applies.
(6) After the disqualifying period has been met, the burden is on the applicant to demonstrate to the satisfaction of the department that he or she has been rehabilitated and does not pose a risk to the insurance-buying public and is otherwise qualified for registration.
(7) Section 112.011 does not apply to an applicant for registration as a navigator.
History.—s. 9, ch. 2013-101.