How Law Enforcement Records Affect Your Insurance Agent License

When applying for an insurance agent license with the Florida Department of Financial Services (DFS), your law enforcement record may affect your eligibility. It can result in the denial of your application.

Howell, Buchan, and Strong can help by reviewing your law enforcement records before you begin the application process or by helping you respond if you have received a Notice of Intent to Deny.

Disqualifying Periods

The Florida Legislature has established disqualifying periods for certain law enforcement records under Chapter 626, Florida Statutes. These include a permanent bar, a 15-year disqualifying period, and a 7-year disqualifying period. Multiple law enforcement records can increase the length of the disqualification. Mitigating or aggravating factors may also reduce or extend the 15 years.

Permanent Bar

§ 626.207(2)(a), Fla. Stat.

An applicant who has been found guilty of or has pleaded guilty or nolo contendere to any of the following crimes, regardless of adjudication, is permanently barred from licensure:
(a) A felony of the first degree
(b) A capital felony
(c) A felony involving money laundering
(d) A felony embezzlement
(e) A felony directly related to the financial services business

15-Year Disqualifying Period

§ 626.207(3)(a), Fla. Stat.

An applicant who has been found guilty of or has pleaded guilty or nolo contendere to a crime not included in subsection (2), regardless of adjudication, is subject to a 15-year disqualifying period for all felonies involving moral turpitude that are not included in the permanent bar.

This 15-year period may be reduced if the applicant meets certain mitigating factors. The maximum reduction brings the disqualification down to 7 years.

7-Year Disqualifying Period

§ 626.207(3)(b) and (c), Fla. Stat.

(b) A 7-year disqualifying period applies to all felonies that do not fall under the permanent bar or the 15-year disqualifying period. An applicant who has served at least half of this period without any additional criminal findings may reapply for licensure. DFS may issue a probationary license for the remainder of the disqualifying period, which ends at the 7-year mark.

(c) A 7-year disqualifying period applies to all misdemeanors directly related to the financial services business or any misdemeanor involving a violation of the Florida Insurance Code.

If an applicant has a single law enforcement record that results in a 7-year disqualifying period and has served at least half of that period without further offenses, the applicant may be eligible for a probationary license until the full period has been satisfied.

Multiple Law Enforcement Records

Multiple law enforcement records meeting disqualification criteria may extend the disqualifying period. Additional offenses can increase the number of years DFS requires before an applicant becomes eligible for licensure.

Expungement and Clemency

There are circumstances in which a disqualifying period will not apply. If a law enforcement record has been expunged, DFS will not consider it for disqualification. However, the applicant must still answer “yes” on the application and disclose the underlying conduct.

How Legal Representation Helps

An experienced administrative law defense attorney can guide you through the licensing process and advocate for the most favorable outcome. This may include working directly with DFS, representing you in litigation before the Division of Administrative Hearings (DOAH), or pursuing relief through the appellate courts when necessary.