Florida/Georgia Personal Injury & Workers Compensation

...ed in this or any other state to be mentally incompetent, shall be qualified to vote or hold office until restoration of civil rights or removal of disability. The legislature has amplified on the disabilities which stem from conviction of a felony. Section 112.011 (employment); Section 790.23(1) (firearms); Section 40.07(1) (jury); Section 775.13 (registration of convicted felons); Section 97.041(3)(d) (voting); and Section 561.15 (beverage license), Florida Statutes (1975)....

set forth at 20 C.F.R. Pt. 404, Subpt. P.App. 1, § 112.11 (Attention Deficit Hyperactivity Disorder). The

...the disqualification in such a case, where the applicant otherwise demonstrates his good moral character. The Commission contends that its interpretation of the statute is in furtherance of the intent of the Florida Legislature, noting that although section 112.011(1)(b), Florida Statutes (1985), specifies that a person who has been convicted of a crime and has had his civil rights restored shall not be disqualified from the practice of a profession for which a state-issued certificate is required unless the crime directly relates to the practice of the profession, section 112.011(2)(a) specifically provides that this provision "shall not be applicable to any law enforcement or correctional agency." The Commission asserts the legislative intent is clear that a law enforcement officer candidate with a felony con...

...a more just result in this litigation. While we sympathize with appellant's situation, we are unable to say that the Commission's interpretation of section 943.13(4) is clearly erroneous, in light of Florida case law [4] and the language of sections 112.011 and 943.13(4)....

...e basis of an incomplete record and arguments by counsel that only obliquely suggested the issue, [6] that the Commission's order must be reversed because it is based upon an unconstitutional statute. Judge Ervin concedes that sections 943.13(4) and 112.011, when considered together, clearly reflect the legislature's intent that a prior felony conviction is a complete bar to a person's certification as a police officer, notwithstanding his later receipt of a pardon, and that section 112.011(2)(a) removes from the Commission any discretion to act favorably on such an application....

...While section 943.13(4) is silent regarding whether it inflexibly bars the Commission from considering an application for one's employment as a law enforcement officer, if the applicant, as here, was convicted of a felony but later received an unconditional pardon, the statute, when considered in pari materia with Section 112.011, Florida Statutes, clearly reflects the legislative intent that one's prior conviction of a crime is a complete bar to such person's certification, notwithstanding his later receipt of a pardon, unconditional or otherwise. Section 112.011(1)(b), in providing that a person whose civil rights have been restored shall not be disqualified from engaging in an occupation for which a certificate is required to be issued by the state or any of its agencies "solely because of a...

...meanor and directly related to the occupation for which the certificate is sought, the certificate " may " then be denied — despite the applicant's restoration of his civil rights. (e.s.) If our examination were restricted to the provisions of only section 112.011(1), I would conclude that the Commission is vested with permissive authority to consider an application for certification in the field of law enforcement....

...uires.'" 277 Pa.Super. at 17, 419 A.2d at 638 (quoting Upshaw v. McNamara, 435 F.2d 1188, 1190 (1st Cir.1970)). [6] The parties were ordered to file supplemental briefs on the issue of whether the Commission's order must be reversed because sections 112.011(2)(a) and 943.13(4), Florida Statutes (1985), taken together, constitute an unconstitutional encroachment upon the pardon power conferred by article IV, section 8 of the Florida Constitution....

...In April 2013, the Department notified appellant in writing that his application for firesafety inspector certification had been denied due to his 1993 no contest plea to a felony charge. The denial was based upon Chapter 633 of the Florida Statutes. The Department conceded that it did not consider section 112.011, Florida Statutes. The case proceeded to an informal hearing, where the Department submitted various exhibits, including the Order Withholding Adjudication of Guilt....

...application for certification as a Florida firesafety inspector “based on his felony criminal history [from the 1993 plea] and pursuant to Sections 633.216(2) and 633.412(1)(b), Florida Statutes (2013).” The hearing officer also rejected the argument that section 112.011, Florida Statutes, prohibited the Department from denying appellant’s firesafety inspector certification. In November 2013, the Department issued a final order, adopting the hearing officer’s findings....

...This appeal ensued. On appeal, appellant argues that the Department erred as a matter of law in its construction of the statutes governing his application for certification as a firesafety inspector. He maintains that when construed in harmony to give effect to each statute, sections 633.216(2), 633.412(1)(b) and 112.011(1)(b) compel that his application for certification be granted....

...Stat. (2012). 4 any federal or state court or a court in any other country, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the case.” § 633.412(1)(b), Fla. Stat. (2013). Section 112.011(1)(b), Florida Statutes (2013), states in relevant part: [A] person may be denied a license, permit, or certification to pursue, practice, or engage in an occupation, trade, vocation, profession, or business by reas...

...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. Section 112.011(2)(b), Florida Statutes (2013), in turn states that “[t]his section does not apply to the employment practices of any fire department relating to the hiring of firefighters.” The present case, however, involves a certification rat...

...These statutes require a firesafety inspector to meet most of the current requirements for certification as a firefighter. The fact that appellant was previously certified as a firefighter under an earlier statutory scheme is irrelevant. Moreover, contrary to appellant’s argument, section 112.011, Florida Statutes (2013), does not change the result in this case. Even if it were necessary to look beyond the plain language of Chapter 633 and consult section 112.011, the rules of statutory construction support the Department’s conclusion that appellant was disqualified from serving as a firesafety inspector. To the extent that section 112.011 conflicts with the provisions of Chapter 633, it is axiomatic that a specific statute controls over a general statute. Sections 633.216(2) and 633.412(1)(b) are the statutes that specifically address qualifications for certification as a firesafety inspector, and they therefore control over the general provisions of section 112.011. 5  We acknowledge that a federal court has held that an older version of section 112.011 modified the provisions of Chapter 633. See Jackson v. Stinchcomb, 451 F. Supp. 494, 496 (M.D. Fla. 1978). But the version of section 112.011 at issue in Jackson contained a specific provision to the effect that a firefighter “may be employed even though he has a prior felony conviction if there is a four year hiatus between either the discharge from probation or the expiration of the sentence and the date of application for employment.” 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)....

...a period of 4 years after expiration of sentence or final release by the Parole Commission unless the applicant, before the expiration of the 4-year period, has received a full pardon or has had his or her civil rights restored.”). The 2013 amendments to Chapter 633 and section 112.011—which reflect the last expression of legislative intent—suggest that the legislature no longer intends for section 112.011 to modify Chapter 633. Thus, while the version of section 112.011 at issue in Jackson modified the provisions of Chapter 633, the current version of section 112.011 does not. We also find that appellant’s reliance upon Kauk is misplaced....

...ty had failed to show any relationship between the plaintiff's sideburns and the performance of his job. The Florida Legislature has recognized that prior unlawful conduct is not a bar to public employment unless it is job-related. Florida Statutes, § 112.011, provides: A person shall not be disqualified from employment by the state or any of its agencies or political subdivisions ....

...B Second, the presumption of moral unfitness based on a prior felony conviction for narcotics violations under the above statute is not, as urged, an irrebuttable presumption so as to forever bar Mrs. Calhoun from being licensed as a family day care operator in Florida regardless of proof of rehabilitation. Section 112.011(1)(b), Florida Statutes (1985), specifically provides: "(b) A person whose civil rights have been restored shall not be disqualified to practice, pursue, or engage in any occupation, trade, vocation, profession, or business for which...

...Calhoun based on her prior felony convictions, even if her civil rights are restored, if it determines that she has not been fully rehabilitated, see Page v. Watson, 140 Fla. 536, 192 So. 205 (1939). Still, HRS is, plainly, free to issue her such a license, under Section 112.011(1)(b), Florida Statutes (1985), upon the restoration of *679 her civil rights, notwithstanding her prior felony conviction, if it concludes she has been rehabilitated — and, consequently, it cannot be said, as urged, that an irrebutt...

Disorder, 20 C.F.R. § Pt. 404, Subpt. P.App. 1, § 112.11, requires: A. Medically documented findings of

...Yeoman's application for an initial certified general contractor license solely because Yeoman had failed to submit proof of having his civil rights restored subsequent to a previous felony conviction in accordance with the purported requirements of section 112.011(1)(b), Florida Statutes (2004)....

...is ability to practice his contracting profession and earn a living. Alleging that the CILB previously had issued contractor licenses to individuals with felony convictions (without restoration of their civil rights), the petition questioned whether section 112.011(1)(b) even requires the full restoration of civil rights before the CILB can issue an initial certified general contractor license. Yeoman sought a final order granting his license application. This appeal arises from the CILB's final order approving the denial of Yeoman's application pursuant to section 112.011(1)(b). The statute at issue states: 112.011 Felons; removal of disqualifications for employment, exceptions....

...ss by reason of the prior conviction for a crime if the crime was a felony or first degree misdemeanor and directly related to the specific occupation, trade, vocation, profession, or business for which the license, permit, or certificate is sought. § 112.011(1)(b), Fla....

...Under the CILB's apparent interpretation of this statute, the CILB cannot lawfully grant licenses to applicants who have lost their civil rights and who have not yet had them restored, yet Yeoman alleged that the CILB has not always followed its own policy in that regard. On the other hand, Yeoman contends that section 112.011(1)(b) does not, in fact or law, grant the CILB authority to deny initial construction contractor licenses based solely on the applicant's lack of full restoration of civil rights....

...rds for construction contractor licensing, does not contain any automatic, categorical "disqualifications" for an applicant who has a prior felony conviction or otherwise lacks the restoration of civil rights. Therefore, Yeoman correctly posits that section 112.011(1)(b) does not apply to persons whose civil rights have not been restored, and that chapter 489 instead contains the governing criteria for construction contractor licensure....

...There is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a certified contractor; and 2. The finding by the board of lack of good moral character is supported by clear and convincing evidence. Construing together sections 112.011(1)(b) and 489.111(2)(b), Yeoman argues that the Florida Legislature has not enacted an absolute bar to licensure for construction contractor license applicants with felony convictions....

...completely unrelated and irrelevant to being a certified general contractor. The question of "good moral character" is a question of fact, see Palamara v. State, Dep't of Bus. & Prof'l Regulation, 855 So.2d 706, 708 (Fla. 4th DCA 2003), for neither section 112.011(1)(b) nor section 489.111 categorically disqualifies from licensure everyone with a prior felony conviction who has not had civil rights restored....

...(alcoholic beverage licenses); § 943.13(4), Fla. Stat. (law enforcement or correctional officer employment). The Legislature's clear, unequivocal, *545 and absolute bar to licensure in those other different practice acts militates against an agency's or court's "re-writing" and extending section 112.011(1)(b) to imply an additional, absolute bar where no such language is used....

...Under the erroneous interpretation of statutory subsection (1)(b) used by the CILB and the Department, these various practice act provisions barring licensure in all cases of a prior felony conviction, or based on the lack of restoration of civil rights, would be rendered unnecessary and meaningless. Section 112.011(1) does not invest the CILB and the Department with the authority to deny an initial certified general contractor license solely due to the lack of restoration of the applicant's civil rights. Concluding that the CILB overstepped its legislatively delegated authority by misconstruing section 112.011(1)(b) and effectively re-writing the statutory criteria under which it issues such licenses, we REVERSE the final order and REMAND for further proceedings....

act remain intact today and are contained in section 112.11, Florida Statutes, which states: "The participation

applicable to any law enforcement agency." Section 112.011(2)(a), F.S.

...so that effect may be given to all provisions of each, if this can be done by any fair and reasonable construction, State v. Hayles, 240 So.2d 1 (Fla. 1970); Tower Credit Corp. v. State by Dickinson, 187 So.2d 923 (4 D.C.A. Fla., 1966); AGO 058-283. Section 112.011 , F.S., establishes the criteria for denial of licensure by the state or a political subdivision of the state. It states: 112.011 Felons; removal of disqualifications for employment, exceptions....

...the operation of a children's center or family day care center. This determination must be made by the board after reviewing the facts and circumstances of the case, Davis v. Smith, 277 So.2d 342 (4 D.C.A. Fla., 1969). The legislative expression in s. 112.011 , F.S., was to clearly provide that an applicant should not be denied licensure because of a prior conviction, thereby aiding ex-felons to become rehabilitated by removing barriers to employment and licensure. Therefore, reading s. 13, Ch. 61-2681, supra, in pari materia with s. 112.011 , F.S., it appears that the board must have discretion in making determinations regarding convictions involving moral turpitude....

...In re Florida Board of Bar Examiners, 350 So.2d 1072, 1073 (Fla.1977). The crime for which Porto was convicted resulted in a loss of civil rights. Consequently, he should be treated as one who has been convicted of a felony in Florida. Id. While it is true that section 112.011(l)(b), Florida Statutes (1981) provides for removal of the automatic bar to issuance of a liquor license upon restoration of an applicant’s civil rights, Porto has not had his civil rights restored in either Florida or New York....

...upon restoration of those civil rights by the state in which the conviction occurred or by the State of Florida, provided that such restoration is as full and complete as is required to make a Florida felon eligible for admission. [emphasis supplied]) Section 112.011(l)(b) requires a restoration of civil rights before automatic disqualification for a license is removed....

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

...B Second, the presumption of moral unfitness based on a prior felony conviction for narcotics violations under the above statute is not, as urged, an irrebuttable presumption so as to forever bar Mrs. Calhoun from being licensed as a family day care operator in Florida regardless of proof of rehabilitation. Section 112.011(l)(b), Florida Statutes (1985), specifically provides: “(b) A person whose civil rights have been restored shall not be disqualified to practice, pursue, or engage in any occupation, trade, vocation, profession, or business for whic...

...Calhoun based on her prior felony convictions, even if her civil rights are restored, if it determines that she has not been fully rehabilitated, see Page v. Watson, 140 Fla. 536 , 192 So. 205 (1939). Still, HRS is, plainly, free to issue her such a license, under Section 112.011(l)(b), Florida Statutes (1985), upon the restoration of *679 her civil rights, notwithstanding her prior felony conviction, if it concludes she has been rehabilitated — and, consequently, it cannot be said, as urged, that an irrebut...

...not been restored. At a meeting held in September 2004, the Board voted to deny Scherer's application, stating as grounds: You failed to submit proof of having your civil rights restored subsequent to a previous felony conviction in accordance with section 112.011(1)(b), Florida Statutes....

...cted of a crime. Nevertheless, the Board issued a final order denying Scherer's application because: Applicant has failed to submit proof of having his civil rights restored subsequent to a previous felony conviction in accordance with Section [sic] 112.011(1)(b), F.S....

...as been convicted of a felony until the applicant's civil rights have been restored and a period of ten years have expired since final release from supervision. See 493.6118(4)(a), Fla. Stat. (2005). In denying Scherer a license, the Board relied on section 112.011(1)(b), Florida Statutes (2003): (b) Except as provided in s....

...rom this language that if the statute purports to remove a disqualification, a disqualification must exist. Indeed, as explained, there are statutes that do disqualify felons or petty criminals from licensure and such statutes are controlled *665 by section 112.011(1)(b), but construction licensing is not one of them....

...felony from obtaining a license. Thus, requiring applicants convicted of a crime to submit proof that their civil rights have been restored is beyond the Board's authority. We reverse the order denying Scherer a contractor's license on the basis of section 112.011(1)(b), Florida Statutes (2003), and remand for further proceedings consistent with this opinion....

...On January 20, 1975 he began to work for the City of Sarasota, and was discharged by the City Manager of Sarasota on February 4, 1978, upon the disclosure of his conviction. Plaintiff’s contention that he was unreasonably and arbitrarily terminated relies upon Fla.Stat. § 112.011(2)(b) which contains a special exception for firemen from the general rules of eligibility for employment with the State of Florida or its municipalities....

...§ 633.34(3) which state, “Any person initially employed as a firefighter must: (3) Not have been convicted of a felony . . . ” *496 The legislative history of the two Florida statutes indicates that § 633.34(3) was enacted in 1969 and renumbered in 1973 and § 112.011(2)(b) was enacted in 1973....

...loyment as firemen. See Senate Bill 71-115. Given the relative enactment dates and the legislative purpose of the later statute, and applying general rules of statutory construction, the Court is of the opinion the exception delineated in Fla. Stat. § 112.011 (2)(b) modifies the provisions of Fla.Stat....

...im state registration of his occupational license as a master electrician. This denial precludes him from working as an electrical contractor in Charlotte County. Because we conclude the ECLB misconstrued its authority under the operational statute, section 112.011(l)(b), Florida Statutes (2004), we reverse and remand for reconsideration....

...As required by the ECLB pursuant to sections 489.513(2) and (3), he paid the application fee and provided all the necessary documentation for the ECLB’s application committee to review and consider. Due to his status as an unrestored convicted felon, the committee recommended that his application be denied pursuant to section 112.011(l)(b), Florida Statutes (2004), which provides: 112.011 Felons; removal of disqualifications for employment, exceptions.— (1) .......

...Adhering to its committee’s recommendation, the ECLB summarily denied Mr. Vetter’s registration application. He then appealed, seeking a hearing before the full board. Representing himself, Mr. Vetter argued to the ECLB that it was misconstruing the application of section 112.011....

...Vetter a license in spite of its knowledge of his unrestored status. After Mr. Vetter’s presentation and further discussion, the ECLB finally concluded that if it did not deny registration to Mr. Vetter due to his unrestored status, it would itself violate section 112.011. The transcript of the hearing clearly reveals that the ECLB concluded that section 112.011(l)(b) constrained its discretion and mandated denial of Mr....

...Vetter because he was never found guilty of nor pleaded nolo contendere to a crime “which directly relates to the practice of electrical ... contracting or the ability to practice electrical ... contracting.” The ECLB disqualified Mr. Vetter not on the basis of section 489.533 but on the basis of section 112.011(l)(b), a statute that does not disqualify him....

...his trade or profession. Cf. Haggerty v. Dep’t of Bus. & Prof'l Regulation, 716 So.2d 873 (Fla. 1st DCA 1998) (strictly construing a statute authorizing revocation of a license to practice a business or a profession). The ECLB determined that section 112.011 prohibited registration of Mr. Vetter’s license because his civil rights have not been restored. It does not. By its plain language, section 112.011 is not a “prohibition statute” but a “removal of prohibition” statute....

...Although the State of Florida has the constitutional authority to deny the right to engage in state-licensed occupations to a person who has been previously convicted of a felony, see Calhoun v. Dep’t of Health & Rehab. Servs., 500 So.2d 674 (Fla. 3d DCA 1987), that bar was removed by the enactment of section 112.011 in 1971....

...or military office, as well as “[a]ll other acts or parts of acts inconsistent with this act[.]” The ECLB’s action has resurrected that earlier automatic bar and applied it to Mr. Vetter. The legislature’s preamble expressed its intent that section 112.011 open licensed occupations to convicted felons. Charlotte County implemented that intent in issuing a master electrician’s certificate of competency to Mr. Vetter. The statute’s plain language illustrates that its function is to remove prohibitions to work. The first sentence of subsection 112.011(l)(b) removes the licensing board’s authority to deny a license based on a previous conviction when the felon has had his or her civil rights restored....

...rade for which they seek licensure. Because Mr. Vetter has not had his civil rights restored, neither sentence of subsection (b) applies to his circumstances. Mr. Vetter presents a further meritorious argument that the ECLB has erroneously construed section 112.011(l)(b)....

...Vetter a license were he to engage in certain occupations. See, e.g., §. 561.15(2), Fla. Stat. (2004) (disqualifying persons convicted of certain felonies from holding an alcoholic beverage license). Because of the operation of subsection (l)(b), section 112.011 is not one of them....

...a meaningful and profitable trade or occupation. There may be other grounds to deny Mr. Vetter registration of his Charlotte County license, but the ECLB has not taken those into consideration, basing its denial only on its erroneous construction of section 112.011....