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

View Entire Chapter

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: District Court of Appeal of Florida | Date Filed: 2015-04-22

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

Snippet: Department conceded that it did not consider section 112.011, Florida Statutes. The case proceeded to an

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-09-21

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: District Court of Appeal of Florida | Date Filed: 2006-01-27

Citation: 919 So. 2d 662, 2006 WL 191933

Snippet: previous felony conviction in accordance with section 112.011(1)(b), Florida Statutes. Upon receipt of the Notice

Yeoman v. CILB

Court: District Court of Appeal of Florida | Date Filed: 2005-12-22

Citation: 919 So. 2d 542, 2005 WL 3487856

Snippet: accordance with the purported requirements of section 112.011(1)(b), Florida Statutes (2004). Concluding that

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

Court: District Court of Appeal of Florida | Date Filed: 2005-12-14

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

Snippet: authority under the operational statute, section 112.011(l)(b), Florida Statutes (2004), we reverse and

Sandlin v. Criminal Justice Standards & Training Commission

Court: Supreme Court of Florida | Date Filed: 1988-10-13

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

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

Court: Supreme Court of Florida | Date Filed: 1988-10-13

Citation: 531 So. 2d 1344

Snippet: 943.13, Florida Statutes (1985), and subsection 112.011(1)(b), Florida Statutes (1985), however, the commission

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

Court: District Court of Appeal of Florida | Date Filed: 1987-08-11

Citation: 518 So. 2d 1292, 1987 WL 557

Snippet: Florida Legislature, noting that although section 112.011(1)(b), Florida Statutes (1985), specifies that

Calhoun v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1987-01-06

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:

Calhoun v. DEPT. OF HLT & REHAB. SERV

Court: District Court of Appeal of Florida | Date Filed: 1987-01-06

Citation: 500 So. 2d 674, 12 Fla. L. Weekly 197

Snippet: regardless of proof of rehabilitation. Section 112.011(1)(b), Florida Statutes (1985), specifically provides:

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-04-11

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: District Court of Appeal of Florida | Date Filed: 1985-07-23

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1978-03-10

Snippet: his civil rights have been restored.See also s. 112.011(1)(a) and (b), F. S. (`A person' convicted of a

In Re Florida Board of Bar Examiners

Court: Supreme Court of Florida | Date Filed: 1977-09-29

Citation: 350 So. 2d 1072

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-08-20

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-01-08

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1975-07-09

Snippet: 923 (4 D.C.A. Fla., 1966); AGO 058-283. Section 112.011, F.S., establishes the criteria for denial of licensure

In Re Advisory Opinion of Governor Civil Rights

Court: Supreme Court of Florida | Date Filed: 1975-01-06

Citation: 306 So. 2d 520, 1975 Fla. LEXIS 3808

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-10-04

Snippet: 073-104 and 073-105. It should be noted that s. 112.011, F.S., provides for the removal of disqualifications

Lane v. State

Court: Supreme Court of Florida | Date Filed: 1902-01-15

Citation: 44 Fla. 105

Snippet: hold as was intimated in Lovett’s case, 30 Fla. 112, 11 South. Rep. 550, that while the law does not regard