Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69K - Division of Funeral, Cemetery, and Consumer Services › Chapter 69K-1 - GENERAL APPLICATION AND LICENSURE REQUIREMENTS › Section 69K-1.008 - Applications with Criminal Records

Current through Reg. 50, No. 138; July 16, 2024
(1)
				This rule implements section
				 497.141(5)(a),
				F.S., regarding evaluation of whether an applicant for license who has a
				criminal record has demonstrated that issuance of the license applied for would
				not create a danger to the public.
(2) An applicant for new or renewal license
				that has a criminal record required to be disclosed under section
				 497.142(10),
				F.S., shall not be approved unless the applicant demonstrates that issuance of
				the license will not create a danger to the public. Such applicant shall
				complete and submit with the application a form DFS-N1-1716, "Criminal History
				Form" (Oct. 2006), which is incorporated by reference in rule
				 69K-1.001, F.A.C. Applicant
				shall also make a written presentation to the Board, in the form of a letter to
				the Board, dated and signed by the applicant and attached to the application,
				addressing therein the factors listed below.
(a) A detailed explanation of the facts and
				circumstances of the criminal conduct.
(b) If applicant was not the sole perpetrator
				of the crime, a description in detail of applicant's role on the
				crime.
(c) If there are multiple
				crimes on different dates, applicant's explanation of why the multiple crimes
				should not be found to indicate inability or unwillingness to comply with
				applicable laws.
(d) The age of the
				applicant when the crime(s) was committed.
(e) Whether the crime involved physical
				violence, and the nature, amount and circumstances of the violence.
(f) A detailed description of the type and
				amount of personal or property harm, injury or damage suffered by any victim or
				innocent bystander as a result of the crime(s).
(g) Whether all legally required restitution
				has been made. If all legally required restitution has not been made, applicant
				shall provide an explanation of why it has not been made.
(h) If applicant initially denied or failed
				to disclose the criminal record on the application for license, an explanation
				for such denial or failure to disclose.
(i) Identification and description of any
				evidence that applicant is remorseful concerning the crime.
(j) Whether applicant believes they had a
				drug or alcohol abuse problem in the time frame the crime was committed and if
				so, identification and description of any evidence that applicant has been
				successfully treated, or has otherwise overcome or is in remission concerning
				such drug or alcohol abuse.
(k)
				Whether the applicant has successfully completed and complied with, or is
				completing or complying with, all requirements imposed by the court in the
				criminal proceedings, including but not limited to probation, and
				identification and description of any evidence in support of applicant's
				assertion in that regard.
(l)
				Whether applicant has, since the criminal court proceeding, engaged in any
				activity in the nature of community service, apart from and in addition to any
				criminal sentencing requirements, and if so, identification and description of
				any evidence in support of applicant's assertion in that regard.
(m) Any other argument by applicant as to why
				applicant would not be a danger to the public if the licensed applied for is
				granted, and identification and description of any evidence in support of such
				argument and not previously identified and described in applicant's
				presentation to the Board.