Florida Statute 112.011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.011

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.

F.S. 112.011 on Google Scholar

F.S. 112.011 on Casetext

Amendments to 112.011

Arrestable Offenses / Crimes under Fla. Stat. 112.011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.011.

Annotations, Discussions, Cases:

Cases Citing Statute 112.011

Total Results: 20

Andrew Thomas Giamberini v. Department of Financial Services

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-22T00:00:00-07:00

Citation: 162 So. 3d 1133, 2015 Fla. App. LEXIS 5851, 2015 WL 1810302

Snippet: section 112.011. In fact, in 2013, the Legislature deleted that provision from section 112.011(b)(2). …intends for section 112.011 to modify Chapter 633. Thus, while the- version of section 112.011 at issue in …Department conceded that it did not consider section 112.011, Florida Statutes. The case proceeded to an…officer also rejected the argument that section 112.011, Florida Statutes, prohibited the Department from…statute, sections 633.216(2), 633.412(l)(b) and 112.011(l)(b) compel that his application for certification

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Court: Fla. Att'y Gen. | Date Filed: 2011-09-21T00:53:00-07:00

Snippet: remain intact today and are contained in section 112.11, Florida Statutes, which states: "The participation

Scherer v. DEPT. OF BUS. AND PROFESSIONAL

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-26T23:53:00-08:00

Citation: 919 So. 2d 662

Snippet: previous felony conviction in accordance with section 112.011(1)(b), Florida Statutes. Upon receipt of the Notice…felony conviction in accordance with Section [sic] 112.011(1)(b), F.S. We begin by observing that Florida&…Scherer a license, the Board relied on section 112.011(1)(b), Florida Statutes (2003): (b) Except as provided…and such statutes are controlled *665 by section 112.011(1)(b), but construction licensing is not one of…contractor's license on the basis of section 112.011(1)(b), Florida Statutes (2003), and remand for

Yeoman v. CILB

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-21T23:53:00-08:00

Citation: 919 So. 2d 542

Snippet: application pursuant to section 112.011(1)(b). The statute at issue states: 112.011 Felons; removal of disqualifications…accordance with the purported requirements of section 112.011(1)(b), Florida Statutes (2004). Concluding that…rights), the petition questioned whether section 112.011(1)(b) even requires the full restoration of civil…the license, permit, or certificate is sought. § 112.011(1)(b), Fla. Stat. We have de novo review of the…On the other hand, Yeoman contends that section 112.011(1)(b) does not, in fact or law, grant the CILB

Vetter v. Department of Business & Professional Regulation, Electrical Contractors' Licensing Board

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-14T00:00:00-08:00

Citation: 920 So. 2d 44, 2005 Fla. App. LEXIS 19712, 2005 WL 3408050

Snippet: pursuant to section 112.011(l)(b), Florida Statutes (2004), which provides: 112.011 Felons; removal of …authority under the operational statute, section 112.011(l)(b), Florida Statutes (2004), we reverse and …it was misconstruing the application of section 112.011. In support of his contention he brought to the…unrestored status, it would itself violate section 112.011. The transcript of the hearing clearly reveals …reveals that the ECLB concluded that section 112.011(l)(b) constrained its discretion and mandated denial of

Sandlin v. CR. JUST. STANDARDS & TR. COM'N

Court: Fla. | Date Filed: 1988-10-13T00:53:00-07:00

Citation: 531 So. 2d 1344

Snippet: 943.13, Florida Statutes (1985), and subsection 112.011(1)(b), Florida Statutes (1985), however, the commission…withholding of adjudication. Moreover, subsection 112.011(1)(b) provides: A person whose civil rights have

Sandlin v. Criminal Justice Standards & Training Commission

Court: Fla. | Date Filed: 1988-10-13T00:00:00-07:00

Citation: 531 So. 2d 1344, 13 Fla. L. Weekly 619, 1988 Fla. LEXIS 1142

Snippet: 943.13, Florida Statutes (1985), and subsection 112.011(l)(b), Florida Statutes (1985), however, the commission…withholding of adjudication. Moreover, subsection 112.011(l)(b) provides: A person whose civil rights have

Sandlin v. CRIM. JUST. STANDARD & TR. COMM'N

Court: Fla. Dist. Ct. App. | Date Filed: 1987-08-11T00:53:00-07:00

Citation: 518 So. 2d 1292

Snippet: Florida Legislature, noting that although section 112.011(1)(b), Florida Statutes (1985), specifies that …relates to the practice of the profession, section 112.011(2)(a) specifically provides that this provision…Florida case law[4] and the language of sections 112.011 and 943.13(4). We are not inclined to give the …Judge Ervin concedes that sections 943.13(4) and 112.011, when considered together, clearly reflect the …his later receipt of a pardon, and that section 112.011(2)(a) removes from the Commission any discretion

Calhoun v. Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-06T00:00:00-08:00

Citation: 500 So. 2d 674, 12 Fla. L. Weekly 197, 1987 Fla. App. LEXIS 6189

Snippet: regardless of proof of rehabilitation. Section 112.011(l)(b), Florida Statutes (1985), specifically provides…free to issue her such a license, under Section 112.011(l)(b), Florida Statutes (1985), upon the restoration

Calhoun v. DEPT. OF HLT & REHAB. SERV

Court: Fla. Dist. Ct. App. | Date Filed: 1987-01-05T23:53:00-08:00

Citation: 500 So. 2d 674

Snippet: regardless of proof of rehabilitation. Section 112.011(1)(b), Florida Statutes (1985), specifically provides…free to issue her such a license, under Section 112.011(1)(b), Florida Statutes (1985), upon the restoration

Borgia v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1986-05-14T00:00:00-07:00

Citation: 489 So. 2d 112, 11 Fla. L. Weekly 1162, 1986 Fla. App. LEXIS 7850

Snippet: Campbell, Danahy, Grimes 14 May 1986 489 So. 2d 112, 11 Fla. L. Weekly 1162, 1986 Fla. App. LEXIS 7850

Citizens of the State v. Florida Public Service Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1986-04-29T00:00:00-07:00

Citation: 488 So. 2d 112, 11 Fla. L. Weekly 985, 1986 Fla. App. LEXIS 7530, 1986 WL 1167022

Snippet: Mills, Smith, Thompson 29 April 1986 488 So. 2d 112, 11 Fla. L. Weekly 985, 1986 Fla. App. LEXIS 7530,

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Court: Fla. Att'y Gen. | Date Filed: 1986-04-10T23:53:00-08:00

Snippet: occupational qualification and licensing." Cf., s. 112.011(1)(b), F.S.; AGO 73-355 (persons whose civil rights

Guiseppe Pizzeria v. Department of Business Regulation, Division of Alcoholic Beverages & Tobacco

Court: Fla. Dist. Ct. App. | Date Filed: 1985-07-23T00:00:00-07:00

Citation: 472 So. 2d 1331, 1985 Fla. App. LEXIS 15104, 10 Fla. L. Weekly 1787

Snippet: in Florida. Id. While it is true that section 112.011(l)(b), Florida Statutes (1981) provides for removal…eligible for admission. [emphasis supplied]) Section 112.011(l)(b) requires a restoration of civil rights before

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Court: Fla. Att'y Gen. | Date Filed: 1978-03-09T23:53:00-08:00

Snippet: his civil rights have been restored.See also s. 112.011(1)(a) and (b), F. S. (`A person' convicted …civil rights have been restored. Exceptions are s. 112.011, F. S., providing in part that a person shall not

In Re Florida Board of Bar Examiners

Court: Fla. | Date Filed: 1977-09-29T00:53:00-07:00

Citation: 350 So. 2d 1072

Snippet: which stem from conviction of a felony. Section 112.011 (employment); Section 790.23(1) (firearms); Section

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Court: Fla. Att'y Gen. | Date Filed: 1976-08-20T00:53:00-07:00

Snippet: coverage. Sections 112.08, 112.09, 112.10, and 112.11. It is further provided that: Each . . . school

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Court: Fla. Att'y Gen. | Date Filed: 1976-01-07T23:53:00-08:00

Snippet: insurance from available public funds. Section 112.11 specifically provides that participation in such

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Court: Fla. Att'y Gen. | Date Filed: 1975-07-09T00:53:00-07:00

Snippet: 923 (4 D.C.A. Fla., 1966); AGO 058-283. Section 112.011, F.S., establishes the criteria for denial of licensure…political subdivision of the state. It states: 112.011 Felons; removal of disqualifications for employment… Fla., 1969). The legislative expression in s. 112.011, F.S., was to clearly provide that an applicant…13, Ch. 61-2681, supra, in pari materia with s. 112.011, F.S., it appears that the board must have discretion

In Re Advisory Opinion of Governor Civil Rights

Court: Fla. | Date Filed: 1975-01-05T23:53:00-08:00

Citation: 306 So. 2d 520

Snippet: rights including the following Florida statutes: 112.011 (employment); 790.23(1) (firearms); 40.07(1) (jury