112.011
Disqualification from licensing and public employment based on criminal conviction.
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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.
(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.
James B. Jackson v. Harold Stinchcomb, Etc. (1981)
“34(2) must be read in conjunction with Fla. Stat. § 112.011 , and that the provisions of Fla.”
Andrew Thomas Giamberini v. Department of Financial Services (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.”
Yeoman v. CILB (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.”
Sandlin v. CRIM. JUST. STANDARD & TR. COMM'N (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…”
Vetter v. Department of Business & Professional Regulation, Electrical Contractors' Licensing Board (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.”
United States v. Pasquale Matassini, A/K/A Pat Matassini, and Robert E. Rodriguez (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. Criminal Justice Standards & Training Commission (1988)
“13, Florida Statutes (1985), and subsection 112.011(l)(b), Florida Statutes (1985), however, the commission refused the certification.”
Jackson v. Stinchcomb (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.”
In Re Florida Board of Bar Examiners (1977)
“Section 112.011 (employment); Section 790.”
Guiseppe Pizzeria v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco (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. Department of Health & Rehabilitative Services (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…”
Thomas Burgess v. Palm Tran (2025)
“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…”
— 112.011(1) — 2 cases
Sandlin v. CRIM. JUST. STANDARD & TR. COMM'N (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 (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
Yeoman v. CILB (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.”
Sandlin v. CRIM. JUST. STANDARD & TR. COMM'N (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…”
— 112.011(2)(a) — 1 case
Sandlin v. CRIM. JUST. STANDARD & TR. COMM'N (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…”
— 112.011(2)(b) — 3 cases
James B. Jackson v. Harold Stinchcomb, Etc. (1981)
“34(2) must be read in conjunction with Fla. Stat. § 112.011 , and that the provisions of Fla.”
Andrew Thomas Giamberini v. Department of Financial Services (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 (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
United States v. Pasquale Matassini, A/K/A Pat Matassini, and Robert E. Rodriguez (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…”
— 112.011(b)(2) — 1 case
Andrew Thomas Giamberini v. Department of Financial Services (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.”
— 112.011(l)(b) — 4 cases
Vetter v. Department of Business & Professional Regulation, Electrical Contractors' Licensing Board (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. Criminal Justice Standards & Training Commission (1988)
“13, Florida Statutes (1985), and subsection 112.011(l)(b), Florida Statutes (1985), however, the commission refused the certification.”
Guiseppe Pizzeria v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco (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. Department of Health & Rehabilitative Services (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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