The Impact of Your Law Enforcement Records on Your Application for an Insurance Adjuster License

When applying for a Florida insurance adjuster license with the Department of Financial Services, your law enforcement record can directly impact whether your application is approved or denied. Howell, Buchan & Strong can review your background before you apply or assist you if you have received a Notice of Intent to Deny.

Learn More: Responding to a DFS Probe of Your Insurance Adjuster License

Disqualifying Periods Under Florida Law

Florida law requires DFS to apply specific disqualifying periods based on the applicant’s criminal history under Chapter 626, Florida Statutes. These periods fall into three categories:

• Permanent bar
• 15-year disqualifying period
• Seven-year disqualifying period

Multiple offenses can increase the total disqualifying period. DFS may also consider mitigating or aggravating factors when determining eligibility.

How Similar Standards Apply for Insurance Agents: Read our blog, Law Enforcement Records and Insurance Agent Licenses

Permanent Bar

An applicant is permanently barred from licensure if they have been found guilty of, or pleaded guilty or nolo contendere to, any of the following crimes regardless of adjudication:

• First degree felony
• Capital felony
• Felony involving money laundering
• Felony embezzlement
• Felony directly related to the financial services business

See § 626.207(2)(a), Fla. Stat.

15-Year Disqualifying Period

Applicants convicted of certain felonies involving moral turpitude that do not fall under the permanent bar are subject to a 15-year disqualifying period. Under some circumstances, DFS may reduce this period to a minimum of seven years if sufficient mitigating factors exist.

See § 626.207(3)(a), Fla. Stat.

Seven-Year Disqualifying Period

A seven-year disqualifying period applies to:

• Felonies not included in the permanent bar or the 15 year category
• Misdemeanors directly related to the financial services business
• Misdemeanors directly related to the Florida Insurance Code

Applicants who have served at least half of the disqualifying period without additional criminal charges may reapply for a probationary license. The probationary status lasts until the full period ends.

See § 626.207(3)(b) and (c), Fla. Stat.

Multiple Law Enforcement Records

Multiple offenses that qualify for a disqualifying period will extend the total disqualification time. Applicants with several records should expect heightened scrutiny from DFS.

Expungement and Clemency

DFS will not impose a disqualifying period if the offense has been expunged or the applicant has received clemency. However, the applicant must still disclose the record and answer “yes” to the application questions regarding prior criminal history.

Are you facing a DFS inquiry on your license? Find more resources for Insurance Adjusters in our blog. 

Why Legal Guidance Matters

An experienced administrative law defense attorney can help you navigate the DFS licensure process, advocate for the most favorable terms, prepare mitigating evidence, and represent you before DOAH or on appeal if needed. Proper legal guidance can make the difference between securing your Florida insurance adjuster license and facing lengthy barriers to entry.