Florida Statutes

Fla. Stat. § 112.011 (2025)

Disqualification from licensing and public employment based on criminal conviction.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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112.011 Disqualification from licensing and public employment based on criminal conviction.—

(1)(a) Except as provided in s. 775.16, a person may not be disqualified from employment by the state, any of its agencies or political subdivisions, or any municipality solely because of a prior conviction for a crime. However, a person may be denied employment by the state, any of its agencies or political subdivisions, or any municipality by reason of the prior conviction for a crime if the crime was a felony or first-degree misdemeanor and directly related to the position of employment sought.

(b) Except as provided in s. 775.16, a person may be denied a license, permit, or certification to pursue, practice, or engage in an occupation, trade, vocation, profession, or business by reason of the prior conviction for a crime if the crime was a felony or first-degree misdemeanor that is directly related to the standards determined by the regulatory authority to be necessary and reasonably related to the protection of the public health, safety, and welfare for the specific occupation, trade, vocation, profession, or business for which the license, permit, or certificate is sought.

(c) Notwithstanding any law to the contrary, a state agency may not deny an application for a license, permit, certificate, or employment based solely on the applicant’s lack of civil rights. However, this paragraph does not apply to applications for a license to carry a concealed weapon or firearm under chapter 790.

(2)(a) This section does not apply to any law enforcement or correctional agency.

(b) This section does not apply to the employment practices of any fire department relating to the hiring of firefighters.

(c) This section does not apply to the employment practices of any county or municipality relating to the hiring of personnel for positions deemed to be critical to security or public safety pursuant to ss. 125.5801 and 166.0442.

(3) Any complaint concerning the violation of this section shall be adjudicated in accordance with the procedures set forth in chapter 120 for administrative and judicial review.

History.—ss. 1, 2, 3, ch. 71-115; s. 1, ch. 73-109; s. 20, ch. 81-24; s. 30, ch. 88-122; s. 1, ch. 90-266; s. 678, ch. 95-147; s. 3, ch. 2002-169; s. 3, ch. 2011-207; s. 90, ch. 2013-183.

Notes of Decisions

Cited in 17 cases (2 in the last 5 years), 1974–2025 · leading case: James B. Jackson v. Harold Stinchcomb, Etc., 635 F.2d 462 (5th Cir. 1981).

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James B. Jackson v. Harold Stinchcomb, Etc., 635 F.2d 462 (5th Cir. 1981). · cites it 13× “34(2) must be read in conjunction with Fla. Stat. § 112.011 , and that the provisions of Fla.”

Andrew Thomas Giamberini v. Dep't of Fin. Servs., 162 So. 3d 1133 (Fla. 4th DCA 2015). · cites it 19× “The Department conceded that it did not consider section 112.011, Florida Statutes. The case proceeded to an informal hearing, where the Department submitted various exhibits, including the Order Withholding Adjudication of Guilt.”

Yeoman v. CILB, 919 So. 2d 542 (Fla. 1st DCA 2005). · cites it 12× “Section 112.011(1) does not invest the CILB and the Department with the authority to deny an initial certified general contractor license solely due to the lack of restoration of the applicant's civil rights.”

Sandlin v. Crim. Just. Stand. & Tr. Comm'n, 518 So. 2d 1292 (Fla. 1st DCA 1987). · cites it 8× “13(4) is silent regarding whether it inflexibly bars the Commission from considering an application for one's employment as a law enforcement officer, if the applicant, as here, was convicted of a felony but later received an unconditional pardon, the statute, when considered in…”

Vetter v. Dep't of Bus. & Prof'l Reg., Elec. Contractors' Licensing Bd., 920 So. 2d 44 (Fla. 2d DCA 2005). · cites it 16× “Vetter argued to the ECLB that it was misconstruing the application of section 112.011. In support of his contention he brought to the ECLB’s attention an application for certification pursuant to section 489.”

United States v. Pasquale Matassini, A/K/A Pat Matassini, & Robert E. Rodriguez, 565 F.2d 1297 (5th Cir. 1978). “And, since Florida law does provide, in Fla.Stat.Ann. § 112.011(b), that a person who has had his civil rights restored may be denied a license, permit, or certification to pursue, practice, or engage in an occupation, trade, vocation, profession, or business by reason of the…”

Sandlin v. Crim. Just. Standards & Training Comm'n, 531 So. 2d 1344 (Fla. 1988). · cites it 3× “13, Florida Statutes (1985), and subsection 112.011(l)(b), Florida Statutes (1985), however, the commission refused the certification.”

Jackson v. Stinchcomb, 451 F. Supp. 494 (M.D. Fla. 1978). · cites it 5× “Given the relative enactment dates and the legislative purpose of the later statute, and applying general rules of statutory construction, the Court is of the opinion the exception delineated in Fla. Stat. § 112.011 (2)(b) modifies the provisions of Fla.”

In Re Florida Bd. of Bar Examiners, 350 So. 2d 1072 (Fla. 1977). “Section 112.011 (employment); Section 790.”

Guiseppe Pizzeria v. Dep't of Bus. Reg., Div. of Alcoholic Beverages & Tobacco, 472 So. 2d 1331 (Fla. 3d DCA 1985). · cites it 3× “While it is true that section 112.011(l)(b), Florida Statutes (1981) provides for removal of the automatic bar to issuance of a liquor license upon restoration of an applicant’s civil rights, Porto has not had his civil rights restored in either Florida or New York.”

Calhoun v. Dep't of Health & Rehabilitative Servs., 500 So. 2d 674 (Fla. 3d DCA 1987). · cites it 4× “011(l)(b), Florida Statutes (1985), specifically provides: “(b) A person whose civil rights have been restored shall not be disqualified to practice, pursue, or engage in any occupation, trade, vocation, profession, or business for which a license, permit, or certificate is…”

Thomas Burgess v. Palm Tran (11th Cir. 2025). · cites it 6× “PER CURIAM: Thomas Burgess, proceeding pro se, appeals the district court’s dismissal of his amended complaint against Palm Tran, a public transportation company and corporate agent of Palm Beach County, asserting violations of Title VII of the Civil Rights Act of 1964 (Title…”

Show all 17 citing cases →

— 112.011(1) — 2 cases

Sandlin v. Crim. Just. Stand. & Tr. Comm'n, 518 So. 2d 1292 (Fla. 1st DCA 1987). “13(4) is silent regarding whether it inflexibly bars the Commission from considering an application for one's employment as a law enforcement officer, if the applicant, as here, was convicted of a felony but later received an unconditional pardon, the statute, when considered in…”

Yeoman v. CILB, 919 So. 2d 542 (Fla. 1st DCA 2005). “Section 112.011(1) does not invest the CILB and the Department with the authority to deny an initial certified general contractor license solely due to the lack of restoration of the applicant's civil rights.”

— 112.011(1)(b) — 5 cases

Calhoun v. Dept. of Hlt & Rehab. Serv, 500 So. 2d 674 (Fla. 3d DCA 1987).

Sandlin v. Cr. Just. Standards & Tr. Com'n, 531 So. 2d 1344 (Fla. 1988).

Scherer v. Dept. of Bus. & Prof'l, 919 So. 2d 662 (Fla. 5th DCA 2006).

— 112.011(2)(a) — 1 case

— 112.011(2)(b) — 3 cases

James B. Jackson v. Harold Stinchcomb, Etc., 635 F.2d 462 (5th Cir. 1981). “34(2) must be read in conjunction with Fla. Stat. § 112.011 , and that the provisions of Fla.”

Andrew Thomas Giamberini v. Dep't of Fin. Servs., 162 So. 3d 1133 (Fla. 4th DCA 2015). “The Department conceded that it did not consider section 112.011, Florida Statutes. The case proceeded to an informal hearing, where the Department submitted various exhibits, including the Order Withholding Adjudication of Guilt.”

Jackson v. Stinchcomb, 451 F. Supp. 494 (M.D. Fla. 1978). “Given the relative enactment dates and the legislative purpose of the later statute, and applying general rules of statutory construction, the Court is of the opinion the exception delineated in Fla. Stat. § 112.011 (2)(b) modifies the provisions of Fla.”

— 112.011(b) — 1 case

— 112.011(b)(2) — 1 case

— 112.011(l)(b) — 4 cases

Vetter v. Dep't of Bus. & Prof'l Reg., Elec. Contractors' Licensing Bd., 920 So. 2d 44 (Fla. 2d DCA 2005). “Vetter argued to the ECLB that it was misconstruing the application of section 112.011. In support of his contention he brought to the ECLB’s attention an application for certification pursuant to section 489.”

Sandlin v. Crim. Just. Standards & Training Comm'n, 531 So. 2d 1344 (Fla. 1988). “13, Florida Statutes (1985), and subsection 112.011(l)(b), Florida Statutes (1985), however, the commission refused the certification.”

Guiseppe Pizzeria v. Dep't of Bus. Reg., Div. of Alcoholic Beverages & Tobacco, 472 So. 2d 1331 (Fla. 3d DCA 1985). “While it is true that section 112.011(l)(b), Florida Statutes (1981) provides for removal of the automatic bar to issuance of a liquor license upon restoration of an applicant’s civil rights, Porto has not had his civil rights restored in either Florida or New York.”

Calhoun v. Dep't of Health & Rehabilitative Servs., 500 So. 2d 674 (Fla. 3d DCA 1987). “011(l)(b), Florida Statutes (1985), specifically provides: “(b) A person whose civil rights have been restored shall not be disqualified to practice, pursue, or engage in any occupation, trade, vocation, profession, or business for which a license, permit, or certificate is…”

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