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Florida Statute 112.011 | Lawyer Caselaw & Research
F.S. 112.011 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 112.011

The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

VEGA, K. I. V. v. W. COLVIN,, 128 F. Supp. 3d 1121 (N.D. Iowa 2015)

. . . following arguments: (1) The ALJ failed to discuss or explain the correct criteria for Listings 112.06 and 112.011 . . .

GIAMBERINI, v. DEPARTMENT OF FINANCIAL SERVICES,, 162 So. 3d 1133 (Fla. Dist. Ct. App. 2015)

. . . The Department conceded that it did not consider section 112.011, Florida Statutes. . . . Id. at 495 (paraphrasing § 112.011(2)(b), Fla. Stat. (1973)). . . . That four-year provision is not present in the 2013 version of section 112.011. . . . In fact, in 2013, the Legislature deleted that provision from section 112.011(b)(2). . . . , the current version of section 112.011 does not. . . .

SCHERER, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL,, 919 So. 2d 662 (Fla. Dist. Ct. App. 2006)

. . . having your civil rights restored subsequent to a previous felony conviction in accordance with section 112.011 . . . his civil rights restored subsequent to a previous felony conviction in accordance with Scetion [sic] 112.011 . . . In denying Scherer a license, the Board relied on section 112.011(1)(b), Florida Statutes (2003): (b) . . . do disqualify felons or petty criminals from licensure and such statutes are controlled by section 112.011 . . . We reverse the order denying Scherer a contractor’s license on the basis of section 112.011(1)(b), Florida . . .

YEOMAN, v. CONSTRUCTION INDUSTRY LICENSING BOARD,, 919 So. 2d 542 (Fla. Dist. Ct. App. 2005)

. . . subsequent to a previous felony conviction in accordance with the purported requirements of section 112.011 . . . arises from the CILB’s final order approving the denial of Yeoman’s application pursuant to section 112.011 . . . The statute at issue states: 112.011 Felons; removal of disqualifications for employment, exceptions. . . . On the other hand, Yeoman contends that section 112.011(l)(b) does not, in fact or law, grant the CILB . . . Section 112.011(1) does not invest the CILB and the Department with the authority to deny an initial . . .

C. VETTER, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ELECTRICAL CONTRACTORS LICENSING BOARD,, 920 So. 2d 44 (Fla. Dist. Ct. App. 2005)

. . . Because we conclude the ECLB misconstrued its authority under the operational statute, section 112.011 . . . Vetter argued to the ECLB that it was misconstruing the application of section 112.011. . . . Vetter due to his unrestored status, it would itself violate section 112.011. . . . The ECLB determined that section 112.011 prohibited registration of Mr. . . . Because of the operation of subsection (l)(b), section 112.011 is not one of them. . . .

U. SANDLIN, v. CRIMINAL JUSTICE STANDARDS TRAINING COMMISSION,, 531 So. 2d 1344 (Fla. 1988)

. . . Based on its interpretation of section 943.13, Florida Statutes (1985), and subsection 112.011(l)(b), . . . Moreover, subsection 112.011(l)(b) provides: A person whose civil rights have been restored shall not . . .

U. SANDLIN, v. CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION,, 518 So. 2d 1292 (Fla. Dist. Ct. App. 1987)

. . . but later received an unconditional pardon, the statute, when considered in pari materia with Section 112.011 . . . Section 112.011(l)(b), in providing that a person whose civil rights have been restored shall not be . . . If our examination were restricted to the provisions of only section 112.011(1), I would conclude that . . . the statute is in furtherance of the intent of the Florida Legislature, noting that although section 112.011 . . . of section 943.13(4) is clearly erroneous, in light of Florida case law and the language of sections 112.011 . . . Judge Ervin concedes that sections 943.13(4) and 112.011, when considered together, clearly reflect the . . . certification as a police officer, notwithstanding his later receipt of a pardon, and that section 112.011 . . .

CALHOUN, s v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 500 So. 2d 674 (Fla. Dist. Ct. App. 1987)

. . . Section 112.011(l)(b), Florida Statutes (1985), specifically provides: “(b) A person whose civil rights . . . Still, HRS is, plainly, free to issue her such a license, under Section 112.011(l)(b), Florida Statutes . . .

GUISEPPE PIZZERIA, v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 472 So. 2d 1331 (Fla. Dist. Ct. App. 1985)

. . . While it is true that section 112.011(l)(b), Florida Statutes (1981) provides for removal of the automatic . . . [emphasis supplied]) Section 112.011(l)(b) requires a restoration of civil rights before automatic disqualification . . .

B. JACKSON, v. STINCHCOMB,, 635 F.2d 462 (5th Cir. 1981)

. . . . §§ 112.011(2)(b) and 633.34 as applied are unconstitutional. . . . Stat. § 112.011, and that the provisions of Fla.Stat. § 112.011(2)(b) modify § 633.34(2). . . . It thus does not directly reach the question of the effect of Fla.Stat. § 112.011(2)(b) on Fla. . . . Section 112.011. . . . You were initially employed under false pretenses and in violation of Section 112.011. B. . . .

B. JACKSON, v. STINCHCOMB, a W. G. J. M. E. W., 451 F. Supp. 494 (M.D. Fla. 1978)

. . . . § 112.011(2)(b) which contains a special exception for firemen from the general rules of eligibility . . . the two Florida statutes indicates that § 633.34(3) was enacted in 1969 and renumbered in 1973 and § 112.011 . . . Stat. § 112.011(2)(b) modifies the provisions of Fla.Stat. § 633.34(3). See Fla.Atty.Gen. . . .

UNITED STATES v. MATASSINI, a k a E., 565 F.2d 1297 (5th Cir. 1978)

. . . . § 112.011(b), that a person who has had his civil rights restored may be denied a license, permit, . . .

In BY FLORIDA BOARD OF BAR EXAMINERS-, 350 So. 2d 1072 (Fla. 1977)

. . . Section 112.011 (employment); Section 790.23(1) (firearms); Section 40.07(1) (jury); Section 775.13 ( . . .

In ADVISORY OPINION OF GOVERNOR CIVIL RIGHTS, 306 So. 2d 520 (Fla. 1975)

. . . legislation which has been enacted dealing with civil rights including the following Florida statutes: 112.011 . . .

OSTERMAN, v. L. PAULK, 387 F. Supp. 669 (S.D. Fla. 1974)

. . . Florida Statutes, § 112.011, provides: A person shall not be disqualified from employment by the state . . .